DECREE

ON PENALTIES FOR ROAD ADMINISTRATIVE TRAFFIC OFFENCES AND RAIL TRANSPORT OFFENCES

Pursuant to the Law on Government organization dated December 25, 2001;

Pursuant to the Law on Penalties for administrative violations dated June 20, 2012;

Pursuant to the Law on Road traffic dated November 13, 2008;

Pursuant to the Law on Rail transport dated June 14, 2005;

At the request of the Minister of Transport;

The Government promulgates a Decree on penalties for administrative road traffic offences and rail transport offences,

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GENERAL PROVISIONS

Article 1. Scope of regulation

1. This Decree deals with administrative violations, penalties, fines, remedial measures, the power to impose penalties and fines for road traffic offences and rail transport offences.

2. For administrative violations pertaining road traffic and rail transport that are not mentioned in this Decree, other Decrees on administrative penalties for corresponding violations shall apply.

Article 2. Subjects of application

1. The organizations and individuals that commit road traffic offences and rail transport offences within the territory of Socialist Republic of Vietnam.

2. The persons that have the power to impose penalties.

3. Relevant organizations and individuals.

Article 3. Interpretation of terms

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1. Road traffic:

a) Tractor-trailer means a motor vehicle with a steering wheel that tows a trailer (which can be detached from the tractor);

b) A car means a motor vehicle that has two axles and four or more wheels, the engine and cargo bed of which are on the same chassis.

c) A motorcycle means a motor vehicle that has two or three wheels, the capacity engine of which is 50 cm³ or over. The maximum speed of a motorcycle exceeds 50 km/h, and the net weight of which does not exceed 400 kg.

d) An electric motorcycle means a two-wheel vehicle run by an electric engine of which the power does not exceed 4 kW. The maximum speed of an electric motorcycle does not exceed 50 km/h;

dd) A moped means a motor vehicle that has two or three wheels, the maximum speed of which does not exceeds 50 km/h, except for the vehicles in Point e f this Clause;

e) Motored bicycle means a two-wheel bicycle that is equipped with an engine. The maximum speed of an electric bicycle is 25 km/h. A motor bicycle is operational with its engine off.

2. Rail transport:

a) Humps are a system serving railway shunting. When the consist is shoved by a locomotive to the top of the hump, the coaches shall be detached and propelled by gravity to various tracks in the classification yard;

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c) Sliding means a method where potential energy of the classification track is used to propel the coaches to various tracks in the classification yard;

d) Detachment means a method where a group of coaches is detached while the consist is moving;

dd) Signaling code means the regulations on orders, signals and proper responses to such orders and signals;

e) Warnings are written notifications to railway workers that directly serve the train operation of unusual conditions of the railway infrastructure, the railway vehicles, and other cases, specifying measures for ensuring train operation safety;

g) Railway clearance means the space along the railway line that ensures the train is not struck against while running;

h) Crossing length means the length of the part of road that crosses the railway line and lies between two barriers, or the distance between two outer rails of the bridge plus (+) 06 meters to both sides if no barriers are available.

i) Length of the combined bridge means the distance between two barriers, or the distance between two abutments of the bridge plus (+) 10 meters to both sides if no barriers are available.

Article 4. Remedial measures

1. 1. Remedial measures for damage caused by administrative road traffic offences and rail transport offences:

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b) Removal of the construction or part of the construction that is not licensed or built against the license;

c) Elimination of environmental pollution caused by the violations;

d) Removal from Vietnam or re-export of vehicles;

dd) Return of the illegal profits earned by committing the violations;

e) Other remedial measures mentioned in Chapter II and Chapter III of this Decree.

2. The rules for taking remedial measures are specified in Clause 2 Article 28 of the Law on Penalties for administrative violations.

Chapter 2.

VIOLATIONS, PENALTIES, FINES, AND REMEDIAL MEASURES FOR ADMINISTRATIVE ROAD TRAFFIC OFFENCES

SECTION 1. VIOLATIONS AGAINST TRAFFIC RULES

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1. A fine of from 100,000 VND to 200,000 VND shall be imposed for:

a) Disobeying the signs and road markings, except for the violations mentioned in Point a, Point h, Point i, Point k Clause 2; Point a, Point d, Point d, Point e, Point l Clause 3; Point a, Point b, Point c, Point d, Point dd, Point i, Point k Clause 4; Point a, Point c, Point d Clause 5; Point a Clause 6; Point a Clause 7 of this Article;

b) Turning without yielding to the pedestrians and wheelchairs of the disabled that cross the street at crosswalks, or without yielding to non-motorized vehicles running in the cycle lane.

b) Turning without yielding to oncoming vehicles, the pedestrians and wheelchairs of the disabled that cross the street at other positions than crosswalks;

d) Stopping or parking without signaling;

dd) Parking on a carriageway without putting danger signs as prescribed, unless parking is allowed at that position.

e) No signs in front of the towing vehicle and behind the towed vehicle; the towing vehicle and towed vehicle are not firmly connected; the tractor-trailer does not have a sign as prescribed;

g) Causing a collision with the vehicle ahead due to failure to keep a safe distance; failing to keep the safe distance in accordance with the “Safe distance” sign, except for the violations mentioned in Point I Clause 4 of this Article;

h) Failing to comply with the regulations on yielding at intersections, except for the violations mentioned in Point d and Point dd Clause 2 of this Article;

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k) The operator or passenger in the front seat fails to fasten the seat belt while the vehicle has seat belts.

l) Carrying a passenger in the front seat not fastening the seat belt (if available) while the vehicle is running.

2. A fine of from 300,000 VND to 400,000 VND shall be imposed for one of the following violations:

a) Changing lanes while prohibited or without signaling, except for the violations mentioned in Point i Clause 4 of this Article;

b) Operating the vehicle at a lower speed than that of other vehicles in the same direction without moving to the right of the carriageway, unless the other vehicles are speeding;

c) Allowing more people to seat in the cockpit than the permissible limit;

d) Failing to reduce speed and yield when joining the traffic from an alley or when moving from a small to a major road;

dd) Failing to let another vehicle to overtake at their request when it is safe to do so; failing to yield to vehicles in the emergency lane or on major roads at the intersection.

e) The emergency vehicle on duty does not have proper audible and/or visual warnings;

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h) Failing to stop the vehicle along the sidewalk on the right side, or the right wheel is more than 0.25 m away from the side walk; stopping on the tramway or bus lane; stopping right above a manhole, cable duct opening, at a fire hydrant, or where the “No stopping or parking” sign applies; get out of the driving position or turning off the engine while stopping; stopping or parking at improper positions where parking space is provided; stopping or parking at the crosswalk;

i) Making a u-turn in a residential area against the rules;

k) Making an u-turn at a crosswalk, on a bridge, at a bridge approach, under an overpass or underpass, on a narrow road, sloping road, or curved roads where view is blocked, or where the “No u-turn” sign applies;

l) Reversing the vehicle on a one-way road, where stopping is prohibited, at a crosswalk, at an intersection with another road or railway, where view is blocked; reversing the vehicle without observation or without warnings;

m) Involving in an accident without stopping the vehicle, protecting the crash scene, or giving first aid to the victims, except for the violations in Point b Clause 6 of this Article.

3. A fine of from 600,000 VND to 800,000 VND shall be imposed for one of the following violations:

a) Exceeding the speed limits by 5 km/h but less than 10 km/h;

b) Honking, revving up the engine, using air horns or high beam in the urban area or residential area, except for emergency vehicles;

c) Turning without slowing down or signaling;

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dd) Stopping or parking on the left side of a one-way road, on a curved road or near the top of the slope where view is blocked, on a bridge, under an overpass, parallel to a stopping or parking vehicle, at an intersection within 05 m from the edge of the intersection, at a bus stop, in front of or within 05 m beside a gate of an organization that has car way, on a road that is wide enough for only one lane; blocking road signs when stopping or parking.

h) Failing to stop the vehicle along the sidewalk on the right side, or the distance from the right wheel to the sidewalk exceeds 0.25 m; stopping on the tramway or bus lane; stopping right above a manhole, cable duct opening, at a fire hydrant; parking where the “No parking” sign or “No stopping or parking” sign applies; parking on the sidewalk against the law;

g) Failing to use sufficient lighting at night or in a foggy or bad weather when visibility is short; using the high beam when facing oncoming vehicles, except for the violations mentioned in Point d Clause 5 of this Article;

h) Using audible and/or visual warnings of an emergency vehicle on a non-emergency vehicle;

i) Using a car to tow two or more vehicles, push another vehicle, tow a non-motorized vehicle, motorcycle, moped, or drag stuff on public roads; using a tractor-trailer to tow another trailer or car;

k) Carrying passengers on the towed vehicle, except for the driver;

l) Failing to comply with the traffic lights, except for the violations mentioned in Point k Clause 4 of this Article.

4. A fine of from 800,000 VND to 1.200,000 VND shall be imposed for one of the following violations:

a) Going through a road tunnel without using the lower beam; reversing, making an u-turn in a road tunnel; stopping, parking, overtaking at improper positions in a road tunnel;

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c) Failing to keep the vehicle to the right; going in the wrong lane;

d) Operating the vehicle at a lower speed than the lowest permissible speed;

dd) Stopping, parking, making a u-turn against the rules and thus causing traffic congestion;

e) Disobey the orders or instructions of traffic conductors;

g) Failing to yield to or obstructing emergency vehicles that are sending out emergency signals;

h) Failing to take safety measures when the vehicle breaks down at an intersection with a railway;

i) Breaking the rules when entering or leaving the highway, when running in the emergency lane or on the shoulder of the highway, when stopping or parking on the highway; making an u-turn, reversing on the highway; changing lanes at improper positions or without signals; disobeying the signs indicating the safe following distance on the highway;

k) Keep going when the traffic lights have turned red, unless the vehicle has crossed the stop line before the traffic lights turn yellow.

5. A fine of from 2,000,000 VND to 3,000,000 VND shall be imposed for one of the following violations:

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b) Operating the vehicle on public roads with blood alcohol content below the levels mentioned in Point b Clause 7 and Point a Clause 8 of this Article;

c) Overtaking where overtaking is prohibited; overtaking without signal; overtaking on the right side of another vehicle without permission, unless the vehicles in the right lane are permitted to run faster than those in the left lane;

d) Dodging oncoming vehicles improperly; failing to yield to oncoming vehicles where the road is narrow, sloping, or obstructed.

6. A fine of from 4,000,000 VND to 6,000,000 VND shall be imposed for one of the following violations:

a) Exceeding the speed limits by more than 20 km/h to 35 km/h;

b) Causing an accident without stopping, protecting the scene, informing the competent authority, or giving first aid to the victim.

7. A fine of from 7,000,000 VND to 8,000,000 VND shall be imposed for one of the following violations:

a) Exceeding the speed limits by more than 35 km/h; going wrong way on a highway, except for emergency vehicles on duty;

b) Operating the vehicle while blood alcohol content (BAC) exceeds 50 - 80 mg per 100 ml of blood, or breath alcohol content (BrAC) exceeds 0.25 - 0.4 mg per liter of breath;

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d) Weaving, speeding and chasing on public roads.

8. A fine of from 10,000,000 VND to 15,000,000 VND shall be imposed for one of the following violations:

b) Operating the vehicle while BAC exceeds 80 mg per 100 ml of blood, or BrAC exceeds 0.4 mg per liter of breath;

b) Disobeying the traffic conductor’s or duty officer’s order for alcohol or drug testing.

9. A fine of from 15,000,000 VND to 20,000,000 VND shall be imposed for the violations in Point d Clause 7 of this Article that lead to a traffic accident, or for failing to stop on duty officers’ order.

10. The driving license shall be suspended for 24 months (if any) or a fine of from 8,000,000 VND to 10,000,000 VND shall be imposed (if the operator does not have a driving license or his driving license is suspended) for operating the vehicle on public roads under the influence of drugs.

11. Apart from fines, the operators that commit the violations shall also incur the following additional penalties:

a) The illegal horns, flags, and lights shall be confiscated when any of the violations mentioned in Point h Clause 3 of this Article is committed;

b) The driving license shall be suspended for 01 month when any of the violations mentioned in Point h Clause 3, Point b, Point c, Point e, Point i, Point k Clause 4, Point b Clause 5, Point a Clause 6 of this Article is committed;

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d) The driving license shall be suspended for 04 month when any of the violations mentioned in Clause 9 of this Article is committed, or the violations in Point d Clause 7 of this Article are recommitted.

Article 6. Penalties incurred by operators and passengers on mopeds and motorcycles (including electric motorcycles)

1. A fine of from 60,000 VND to 80,000 VND shall be imposed for:

a) Disobeying the signs and road markings, except for the violations mentioned in Point a, Point dd, Point h Clause 2; Point c, Point dd, Point h, Point o Clause 3; Point c, Point d, Point e, Point g, Point i Clause 4; Point a, Point c, Point d Clause 5; Point dd Clause 6; Point d Clause 7 of this Article;

b) No signaling before overtaking;

c) Failing to keep a safe distance that leads to a collision with the vehicle ahead; failing to keep a safe distance in accordance with the sign “Safe distance”;

d) Turning without yielding to the pedestrians and wheelchairs of the disabled that cross the street at crosswalks, or without yielding to non-motorized vehicles running in the cycle lane;

dd) Turning without yielding to oncoming vehicles, the pedestrians and wheelchairs of the disabled that cross the street at other positions than crosswalks;

e) Reversing motor tricycles without observation or signaling;

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h) Using an umbrella, cell phone, or audio device other than hearing aid devices; using an umbrella when sitting on the vehicle;

i) Breaking the rules on yielding at intersections, except for the violations mentioned in Point d Clause 2 and Point b Clause 3 of this Article.

2. A fine of from 80,000 VND to 100,000 VND shall be imposed for one of the following violations:

a) Changing lanes while prohibited or without signaling;

b) Going three abreast or more;

c) Failing to turn on the lights at night, in fog, or in bad weather when visibility is restricted;

d) Failing to let another vehicle to overtake when it is safe to do so; failing to yield to vehicles in the emergency lane or on major roads at the intersection.

dd) Dodging other vehicles improperly; failing to yield to oncoming vehicles where the road is narrow, sloping, or obstructed;

e) Honking from 10 pm to 5 am, using the high beam in rural areas or residential areas, except for emergency vehicles on duty;

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h) Making a u-turn where u-turn is not permitted.

3. A fine of from 100,000 VND to 200,000 VND shall be imposed for:

a) Stopping, parking on the carriageway outside urban areas where sidewalks are available;

d) Failing to reduce speed and yield when entering a major road from an alley or a minor road;

c) Exceeding the speed limits by 5 km/h but less than 10 km/h;

dd) Going slowly without moving to the right of the carriageway and thus obstruct the traffic;

dd) Obstructing the traffic when stopping, parking on the road; stopping in groups of 03 vehicles or more on the road, bridge, or in a road tunnel; parking on the road or on the sidewalk in urban areas against the law;

e) Continuously honking, revving the engine in urban areas or residential areas, except for the emergency vehicles on duty;

g) Using audible and/or visual warnings of an emergency vehicle on a non-emergency vehicle;

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i) The operator or the passenger on the vehicle does not wear motorcycle helmets or does not wear motorcycle helmets properly;

k) Carrying a person that does not wearing a motorcycle helmet properly, unless that person needs urgent medical care, is under 06 years of age, or a criminal being escorted;

l) Carrying two people on a vehicles, unless the person being carried needs urgent medical care, is under 14 years of age, or a criminal being escorted;

m) Involving in an accident without stopping the vehicle, protecting the crash scene, or giving first aid to the victims, except for the violations in Point d Clause 6 of this Article.

n) The vehicle is operated by the person sitting in the backseat, unless the person sitting in the front seat is a child;

o) Failing to comply with the traffic lights, except for the violations mentioned in Point k Clause 4 of this Article.

4. A fine of from 200,000 VND to 400,000 VND shall be imposed for:

a) Turning without slowing down or signaling;

b) Carrying 03 people or more;

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d) Operating the vehicle at a lower speed than the lowest permissible speed;

dd) Going in groups and thus obstructing the traffic, except for the cases permitted by competent authorities;

e) Entering the highway, except for the vehicles serving the management and maintenance of the highway;

g) Failing to keep the vehicle to the right; going in the wrong lane or on the sidewalk;

h) Overtaking on the right side when prohibited;

i) Entering blocked roads or restricted areas; going wrong way on a one-way road, except for emergency vehicles on duty;

k) Pulling or pushing another vehicle or item while sitting on the vehicle; leading animals or carrying bulky item while sitting on the vehicle; standing on the seat, on the cargo bracket, or sitting on the handle; loading cargo to the vehicle beyond permissible limits; towing another vehicle or item;

l) Exceeding the GVWR written in the Certificate of vehicle registration (if the GVWR is stated);

m) Disobeying the orders or instructions of traffic conductors;

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a) Exceeding the speed limits by 10 km/h - 20 km/h above the speed limits;

b) Operating the vehicle while alcohol content in blood or breath exceeds 50 - 80 mg per 100 ml of blood, or exceed 0.25 - 0.4 mg per liter of breath;

c) Overtaking when prohibited, except for the violations in Point h Clause 4 of this Article;

d) Going through a tunnel without using the lower beam; making an u-turn in a road tunnel; stopping, parking, overtaking at improper positions in a road tunnel;

dd) Failing to yield to or obstructing emergency vehicles that are sending out emergency signals.

6. A fine of from 2,000,000 VND to 3,000,000 VND shall be imposed for one of the following violations:

a) Letting the sidestand or other item touching against the road while running;

b) Disobeying traffic conductor’s or duty officer’s order for alcohol or drug testing;

c) Causing accidents due to lack of observation or speeding; causing accidents due to improper overtaking or lane changing;

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dd) Exceeding the speed limits by more than 20 km/h;

e) Operating the vehicle while BAC exceeds 80 mg per 100 ml of blood, or BrAC exceeds 0.4 mg per liter of breath.

7. A fine of from 5,000,000 VND to 7,000,000 VND shall be imposed for one of the following violations:

a) Release both hands while operating the vehicle; steering with the legs; sitting on one side to operate the vehicle; lying on the seat while operating the vehicle; swapping positions while operating the vehicle; turning the whole body to the back or wearing a blind fold while operating the vehicle;

b) Weaving in or outside urban areas;

c) Running on one wheel (or two wheel if the vehicle is a motor tricycle);

d) Exceeding the speed limits in a group of 02 vehicles or more;

8. A fine of from 10,000,000 VND to 14,000,000 VND shall be imposed for the violations in Point d Clause 7 of this Article that lead to a traffic accident, or for failing to stop on duty officers’ order.

9. The driving license shall be suspended for 24 months (if any) or a fine of from 2,000,000 VND to 3,000,000 VND shall be imposed (if the operator does not have a driving license or his driving license is under suspension) for operating the vehicle on public roads under the influence of drugs.

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a) The illegal horns, flags, and lights shall be confiscated when any of the violations mentioned in Point g Clause 3 of this Article is committed;

b) The driving license shall be suspended for 01 month when any of the violations mentioned in Point b, Point c, Point i and Point m Clause 4, Point b Clause 5, and Point dd Clause 6 of this Article is committed;

c) The driving license shall be suspended for 02 month when any of the violations mentioned in Point dd Clause 5, Point a, Point b, Point c, Point d, Point e Clause 6, and Clause 7 of this Article is committed; the driving license shall be suspended for 04 months and the vehicle shall be impounded for recommitting the violations in Clause 7 of this Article. The driving license shall be suspended for 02 months if any of the violations mentioned in Point a, Point c, Point d, Point dd, Point e, Point g, Point h Clause 1; Point b, Point c, Point d, Point dd, Point h Clause 2; Point a, Point dd, Point g, Point h, Point o Clause 3; Point b, Point c, Point e, Point g, Point i, Point k, Point m Clause 4; Point b, Point d Clause 5 of this Article lead to an accident;

d) The driving license shall be suspended for 04 month when any of the violations mentioned in Clause 8 of this Article are recommitted.

Article 7. Penalties incurred by operators of tractors and specialized motorcycles that violate traffic rules

1. A fine of from 80,000 VND to 100,000 VND shall be imposed for:

a) Disobeying the signs and road markings, except for the violations mentioned in Point a, Point c, Point d, Point d, Point e Clause 2; Point a, Point b, Point c, Point i Clause 3; Point a, Point b, Point d, Point e, Point h Clause 4; Point a, Point b Clause 5;

b) Turning without yielding to the pedestrians and wheelchairs of the disabled that cross the street at crosswalks, or without yielding to non-motorized vehicles running in the cycle lane.

c) Turning without yielding to the oncoming vehicles, the pedestrians and wheelchairs of the disabled that cross the street at other positions than crosswalks.

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a) Making an u-turn at a crosswalk, on a bridge, at a bridge approach, under an overpass or underpass, on a narrow road, sloping road, or curved roads with poor visibility, or where the “No u-turn” sign applies;

b) Reversing the vehicle on a one-way road, where stopping is prohibited, at a crosswalk, at an intersection with another road or railway, where view is blocked; reversing the vehicle without observation or without warnings;

c) Dodging other vehicles improperly; failing to yield to oncoming vehicles where the road is narrow, sloping, or obstructed;

d) Stopping, parking on the carriageway outside urban areas where the sidewalk is spacious; stopping or parking away from the right curb where the sidewalk is narrow or unavailable; stopping or parking at improper positions where parking positions are provided; parking on a slope without chocking the wheels; stopping where the “No stopping and parking” sign applies; parking where the “No parking” sign “or “No parking or stopping” sign applies;

dd) Stopping or parking on the left side of a one-way road, on a curved road or near the top of the slope where view is blocked, on a bridge, under an overpass, parallel to a stopping or parking vehicle, at an intersection within 05 m from the edge of the intersection, at a bus stop, in front of or within 05 m beside a gate of an organization that has car way, on a road that is wide enough for only one lane; stopping or parking in a way that block road signs;

e) Stopping or parking on the road against the law in urban area;; stopping on the tramway or bus lane; stopping right above a manhole, cable duct opening, at a fire hydrant or crosswalk; get out of the driving position or turning off the engine while stopping; opening the door carelessly or leaving the door unsafely open;

d) Stopping or parking without signaling;

h) Occupying part of the carriageway when parking on the street without putting danger signs as prescribed, unless parking at permissible positions.

i) Parking on the sidewalk against the law in urban areas.

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a) Exceeding the speed limits by 5 km/h but less than 10 km/h;

b) Entering blocked roads, restricted areas; going wrong way on a one-way road;

c) Failing to keep the vehicle to the right; going in the wrong lane, except for the violations mentioned in Point dd Clause 4 of this Article;

d) Continuously honking, revving the engine, using the high beam in the urban area or residential area, except for emergency vehicles on duty;

dd) Failing to yield to or obstructing emergency vehicles that are sending out emergency signals;

e) Failing to yield to vehicles in the emergency lane or on major roads at intersections.

g) Failing to use sufficient lighting at night or in a foggy or bad weather when visibility is short; using the full beam when facing oncoming vehicles;

h) Involving in an accident without stopping the vehicle, protecting the crash scene, or giving first aid to the victims, except for the violations in Point b Clause 6 of this Article.

i) Failing to comply with the traffic lights, except for the violations mentioned in Point h Clause 4 of this Article.

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a) Exceeding the speed limits by 10 km/h - 20 km/h;

b) Operating the vehicle at a lower speed than the lowest permissible speed;

c) Operating specialized motorcycles the maximum speed of which is below 70 km/h and agricultural tractors on the highway, except for the vehicles and equipment serving the management and maintenance of the highway;

d) Operating the vehicle on public roads under the influence of alcohol but the an alcohol content is below the levels mentioned in Point a Clause 6 and Point a Clause 7 of this Article;

dd) Breaking the rules when entering or leaving the highway, when running in the emergency lane or on the shoulder of the freeway, when stopping or parking on the carriageway of the highway; making an u-turn, reversing on the highway; changing lanes at improper positions or without signals; disobeying the signs indicating the safe following distance on the highway;

e) Making a u-turn at an intersection with the railway line; breaking the rules on stopping or parking at intersection with the railway; stopping or parking within the railway safety perimeter, except for the violations in Point b Clause 2 and Point b Clause 3 of Article 48 of this Decree;

g) Disobeying the orders or instructions of traffic conductors;

h) Keep going when the traffic lights have turned red, unless the vehicle has crossed the stop line before the traffic lights turn yellow.

5. A fine of from 800,000 VND to 1,000,000 VND shall be imposed for:

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b) Going through a road tunnel without turning on the lights; reversing, making a u-turn in a road tunnel; stopping or parking at improper positions in a road tunnel;

c) Failing to take safety measures when the vehicle breaks down at an intersection with the railway.

6. A fine of from 1,000,000 VND to 3,000,000 VND shall be imposed for:

a) Operating the vehicle while BAC exceeds 50 - 80 mg per 100 ml of blood, or BrAC exceeds 0.25 - 0.4 mg per liter of breath;

b) Causing an accident without stopping, protecting the scene, informing the competent authority, or giving first aid to the victim.

7. A fine of from 3,000,000 VND to 5,000,000 VND shall be imposed for:

b) Operating the vehicle while BAC exceeds 80 mg per 100 ml of blood, or BrAC exceeds 0.4 mg per liter of breath;

b) Disobeying traffic conductor’s or duty officer’s order for alcohol or drug testing.

8. The license to drive tractors, the certificate of training in traffic rules (for specialized bikes) shall be suspended for 24 months, or a fine of from 3,000,000 VND to 5,000,000 VND shall be imposed (if the license to drive tractors or certificate of training is not available or is suspended) for operating the vehicle under the influence of drugs.

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b) The license to drive tractor or the certificate of training in traffic rules shall be suspended for 01 month when any of the violations mentioned in Point a, Point c, Point d, Point dd, Point g Clause 4, Clause 5; Point a Clause 6 of this Article is committed;

b) The license to drive tractor or the certificate of training in traffic rules shall be suspended for 02 month when any of the violations mentioned in Clause 1, Clause 2, Clause 3, Clause 4, Clause 4 and Point a Clause 6 of this Article lead to an accident, or the violations mentioned in Point b Clause 6 and Clause 7 of this Article is committed;

Article 8. Penalties incurred by operators and passengers on bicycles, motored bicycles, and other non-motorized vehicles that violate traffic rules

1. A warning  or a fine of from 50,000 VND to 60,000 VND shall be imposed for:

a) Failing to keep the vehicle to the right; going in the wrong lane;

b) Stopping suddenly; turning without signaling;

c) Disobeying the traffic lights, road signs, or road markings, except for the violations mentioned in Point b, Point h Clause 2, and Point e Clause 4 of this Article;

d) Overtaking on the right side when prohibited;

dd) Stopping, parking on the carriageway outside urban areas where sidewalks are available;

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g) Going two abreast or three abreast (for bicycles or motored bicycles),

h) Using an umbrella or cell phone while operating the bicycle or motored bicycle; using an umbrella when sitting on the bicycle or motored bicycle;

i) Operating the non-motorized vehicle at night without lights or reflectors.

2. A fine of from 60,000 VND to 80,000 VND shall be imposed for one of the following violations:

a) Placing the vehicle on the road against the law; Obstructing the traffic when stopping or parking on the road; parking on the tramway or on the bridge and thus obstructing the traffic;

b) Breaking the rules on stopping or parking at intersections with the railway, except for the violations in Point b Clause 2 and Point b Clause 3 of Article 48 of this Decree;

c) Failing to let other vehicles to overtake at their request when it is safe to do so; preventing motor vehicles from overtake; obstructing emergency vehicles;

d) Using trolleys as street kiosks and thus obstructing the traffic;

dd) Failing to yield to vehicles in the emergency lane or on major roads at intersections;

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g) Loading cargo to the vehicle beyond permissible limits; stacking goods unsafely, or in a way that obstruct the traffic and block the operator’s view;

k) Keep going when the traffic lights have turned red, unless the vehicle has exceed the stop line before the traffic lights turn yellow.

3. A fine of from 80,000 VND to 100,000 VND shall be imposed for:

a) Releasing both hands while operating the bicycle or motored bicycle; suddenly making a turn in front of a moving motor vehicle; operating the bicycle or motored bicycle with the legs;

b) Disobeying the orders or instructions of traffic conductors;

c) Pulling or pushing another vehicle or item; carrying bulky items; towing another vehicle or item.

4. A fine of from 100,000 VND to 200,000 VND shall be imposed for:

a) Weaving, speeding and chasing on public roads;

b) Running on one wheel (or two wheel if the vehicle is a tricycle);

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d) The operator or the passenger on the motored bicycle not wearing motorcycle helmets properly or wearing helmets improperly;

dd) Carrying a person on a motored bicycle who does not wear the motorcycle helmet or does not wear the helmet properly, unless that person needs urgent medical care, is under 06 years of age, or a criminal being escorted;

e) Entering blocked roads or restricted areas; going wrong way on a one-way road; entering the highway, except for the vehicles serving the management and maintenance of the highway;

5. Apart from fines, the vehicle operator that recommits the violations in Point a or Point b Clause 4 of this Article also has their vehicle confiscated.

Article 9. Penalties incurred by pedestrians that violate traffic rules

1. A warning or a fine of from 50,000 VND to 60,000 VND shall be imposed for:

a) Going in the wrong lane, except for the violations mentioned in Point b Clause 2 of this Article;

b) Disobeying traffic lights, road signs, or road markings;

c) Disobeying the orders or instructions of traffic conductors;

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a) Carrying bulky cargo that obstructs the traffic;

b) Crossing the median strip; crossing the street unsafely or at improper positions;

c) Hanging from a moving vehicle;

3. A fine of from 80,000,000 VND to 120,000,000 VND shall be imposed upon pedestrians that enter the highway, except for the persons in charge of management and maintenance of the highway.

Article 10. Penalties incurred by those that violate traffic rules while riding, leading animals, or operating of animal-powered vehicles

1. A warning or fine of from 50,000 VND to 60,000 VND shall be imposed for:

a) Failing to give way; failing to give hand signals when making a turn;

b) Disobeying traffic lights, road signs, or road markings;

c) Failing to clean up waste matters of animals on the street.

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a) Riding or leading animals on the wrong part of the street; taking them to a blocked road, restricted area, or carriageway;

b) Allowing animals to walk on public roads or cross the street by themselves;

c) Going two abreast or more;

d) Leaving animals drawing a vehicle without a rider;

dd) Using the vehicle without signals.

3. A fine of from 80,000 VND to 100,000 VND shall be imposed for:

a) Disobeying the orders or instructions of traffic conductors;

b) Causing noise that affects the serenity in urban areas from 10 pm to 5 am;

c) Leading animals while operating or sitting in/on a road vehicle.

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a) Loading cargo to the vehicle beyond permissible limits;

b) Entering the highway against the law.

5. Apart from incurring the penalties, the person that commits the violations in Point a Clause 4 of this Article shall also be compelled to remove the excess amount of goods or rearrange the goods properly.

Article 11. Penalties for other violations against traffic rules

1. An individual shall incur a fine of from 100,000 VND to 200,000 VND; an organization shall incur a fine of from 200,000 VND to 400,000 VND when committing one of the following violations:

a) Airing out rice, straw, or other agricultural products on public roads;

b) Gathering, sitting, lying on public roads and thus obstructing the traffic;

c) Playing sports illegally on public roads; using roller skates, skateboards and the likes on the carriageway.

2. An individual shall incur a fine of from 200,000 VND to 400,000 VND; an organization shall incur a fine of from 400,000 VND to 800,000 VND when committing one of the following violations:

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b) Placing things that block road signs or traffic lights.

3. An individual shall incur a fine of from 500,000 VND to 1,000,000 VND; an organization shall incur a fine of from 1,000,000 VND to 2,000,000 VND when committing one of the following violations:

a) Holding cultural activities, sports competitions, parades, or festivals on the street against the law;

b) Raising ornamental gates or other structures within the area of the road that disturb the road order and safety;

c) Illegally raising banners within the area the road that disturb the road order and safety;

d) Placing, hanging advertising boards within the area of the road outside urban areas;

dd) Failing to give first aid to victims of road accidents on request;

e) Dumping garbage or discharging sewage on the street or in road tunnels against the law, except for the violations mentioned in Point b Clause 4 of this Article and Clause 5 Article 20 of this Decree.

4. An individual shall incur a fine of from 2,000,000 VND to 4,000,000 VND; an organization shall incur a fine of from 4,000,000 VND to 8,000,000 VND when committing one of the following violations:

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b) Discharging sewage from construction sites to the street;

c) Deliberately changing the crash scene, except for the violations mentioned in Point m Clause 2, Point b Clause 6 Article 5, Point m Clause 3, Point d Clause 6 Article 6, Point h Clause 3, Point b Clause 6 Article 7, Point c Clause 4 Article 8 of this Decree.

5. A fine of from 5,000,000 VND to 7,000,000 VND shall be imposed upon the individual that commits one of the following violations:

a) Spreading nails or other pointed things on the road, spilling oil or other slippery substances on the road; stretching strings or placing obstacles on the road that threaten the people and vehicles in traffic;

b) Infringing upon the health or belongings of the victim or the culprit;

c) Taking advantage of the accident to attack, threaten, inciting, harassing, other people, disturb the order, or obstructing the investigation.

6. Apart from incurring the penalties, the individual or organization that commits the violations in Point a Clause 1, Clause 2, Points b, c, d, and e Clause 3, Point a Clause 4, and Point a Clause 5 of this Article shall be compelled to remove the illegal construction; remove the obstacles, collect the garbage and items that occupy the road, collect the nails and pointed things, and recover the original condition that has been changed by the violations.

SECTION 2. VIOLATIONS AGAINST REGULATIONS ON ROAD INFRASTRUCTURE

Article 12. Penalties for violations against regulations on using the land area for road traffic

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2. A fine of from 300,000 VND to 400,000 VND shall be imposed upon the individual, a fine of from 600,000 VND to 800,000 VND shall be imposed upon the organization that commits one of the following violations:

a) Using the land within the road safety corridor for farming purposes that affect the safety of the construction and the traffic;

b) Blocking the view of road users when planting trees within the land are for road traffic;

c) Illegally occupying the median strip to provide parking services, selling goods, or placing building materials, except for the violations mentioned in Point a and Point d Clause 4 of this Article.

3. A fine of from 2,000,000 VND to 3,000,000 VND shall be imposed upon the individual, a fine of from 4,000,000 VND to 6,000,000 VND shall be imposed upon the organization that commits one of the following violations:

a) Illegally building houses within the land area for road traffic outside urban areas;

b) Putting up booths, gates, fences, walls, or other types of temporary works within the land area for road traffic, except for the violations mentioned in Point dd Clause 4 and Point a Clause 5 of this Article;

c) Holding market, selling goods and services, placing signboards, advertising board, or roofs on the road surface or sidewalk to sell goods and services against the law and thus obstructing the traffic, except for the violations mentioned in Point d, Point dd, Point e, Point g Clause 4; Point b Clause 5; and Point a Clause 6 of this Article;

d) Illegally occupying less than 5 m² of the road surface or sidewalk to provide parking services.

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a) Placing, discharging materials or wastes within the land area road traffic, except for the violations mentioned in Clause 5 Article 20 of this Decree;

b) Digging, leveling land within the road safety corridor without permission;

c) Adding information to road signs that is irrelevant to the their meanings and purposes;

d) Illegally using land for road traffic or road safety corridor to store goods, building materials, machinery, equipment, or other items;

dd) Putting up booths, or other kinds of temporary works in the road tunnel, overpass, pedestrian underpass, or under the overpass;

e) Placing, selling machinery, equipment, building materials on the road surface or sidewalk; manufacturing or processing goods on the road surface or sidewalk;

g) Illegally occupying from 5 m² to < 10 m² of the road surface or sidewalk to provide parking services.

5. A fine of from 5,000,000 VND to 7,000,000 VND shall be imposed upon the individual, a fine of from 10,000,000 VND to 14,000,000 VND shall be imposed upon the organization that commits one of the following violations:

a) Illegally building houses within the land area for road traffic in urban areas;

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6. A fine of from 10,000,000 VND to 15,000,000 VND shall be imposed upon the individual, a fine of from 20,000,000 VND to 30,000,000 VND shall be imposed upon the organization that commits one of the following violations:

a) Illegally occupying more than 20 m² of the road surface or sidewalk to provide parking services;

b) Putting up advertising boards in the road safety corridor without written approval by competent authorities;

c) Illegally opening a minor road that connects to a major road.

7. A fine of from 15,000,000 VND to 20,000,000 VND shall be imposed upon the individual, a fine of from 30,000,000 VND to 40,000,000 VND shall be imposed upon the organization that illegally builds permanent constructions in the land area for road traffic.

8. Apart from incurring the penalties, the individual or organization that commits the violations in Clause 2, Clause 3, Clause 4, Clause 5, Clause 6 and Clause 7 of this Article shall be compelled to remove the illegal construction, advertising board or trees; collect the garbage and illegal items, and recover the original condition that has been changed by the violations.

Article 13. Penalties for violations against regulations on construction and maintenance within the land area for road traffic

1. A fine of from 1,000,000 VND to 3,000,000 VND shall be imposed upon the individual, a fine of from 2,000,000 VND to 6,000,000 VND shall be imposed upon the organization that commits one of the following violations:

a) Executing construction on the land area for road traffic in contravention of the License for construction;

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c) Failing to appoint people to control the traffic if the construction site is located at a narrow road, the end of a bridge or tunnel;

d) Placing building materials and equipment outside the construction site and thus obstructing the traffic;

dd) Failing to remove the signs, fences, building equipment, other materials, or failing to restore the original condition of the road after the construction is completed.

2. A fine of from 3,000,000 VND to 5,000,000 VND shall be imposed upon the individual, a fine of from 6,000,000 VND to 10,000,000 VND shall be imposed upon the organization that commits one of the following violations:

a) Executing construction on the land area for road traffic without a license for construction or while the license for construction has expired;

b) Executing construction on an operating road without taking any measure for ensuring continuous traffic and thus causing serious traffic congestion.

3. A fine of from 10,000,000 VND to 15,000,000 VND shall be imposed upon the individual, a fine of from 20,000,000 VND to 30,000,000 VND shall be imposed upon the organization that commits one of the following violations:

a) Executing construction on an urban road against the construction plan or behind schedule;

b) Executing construction on an operating road without placing adequate warning signs, markings and fences; failing to put red lights at two ends of the road segment under construction; failing to take measures to ensure traffic safety as prescribed.

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5. Apart from incurring the penalties, the violator shall be compelled to:

a) Take measures to ensure safe traffic if any of the violations mentioned in Point a, Point b, and Point c Clause 1, Clause 2, and Clause 3 of this Article is committed;

b) Take measures to ensure safe traffic and restore the original condition if any of the violations mentioned in Point d and Point dd Clause 1 of this Article is committed;

Article 14. Penalties for violations against regulations on bus stations, parking lots, rest stops, and tollbooths

1. A fine of from 15,000,000 VND to 20,000,000 VND shall be imposed upon the individual, a fine of from 30,000,000 VND to 40,000,000 VND shall be imposed upon the organization that commits one of the following violations:

a) Establishing or building a bus station, parking lot, rest stop, or tollbooth against the planning or without approval by competent authorities;

b) Building a bus station, parking lot, rest stop, or tollbooth that fails to meet technical standards or is inconsistent with the approved design.

2. Apart from incurring the penalties, the violator shall be compelled to:

a) Remove the illegal construction and restore the original condition if any of the violations mentioned in Point a Clause 1 of this Article is committed;

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Article 15. Penalties for violations against regulations on management, maintenance, and protection of road infrastructure

1. A fine of from 60,000 VND to 100,000 VND shall be imposed upon the individual that commits one of the following violations:

a) Herding animals on the roadsides; tying animals to the trees along the roads, to the milestones, road signs, fences, or ancillary works of the road;

b) Climbing the abutment, pier, or girder of the bridge without permission.

2. A fine of from 200,000 VND to 300,000 VND shall be imposed upon the individual, a fine of from 400,000 VND to 600,000 VND shall be imposed upon the organization that commits one of the following violations:

a) Setting fire on the bridge or under the bridge without permission; anchoring the boat or ship under the bridge or within the safety corridor of the bridge;

b) Placing water pipes across the road, setting fire on public roads without permission.

3. A fine of from 2,000,000 VND to 3,000,000 VND shall be imposed upon the organization in charge of management and maintenance of road infrastructure that commits one of the following violations:

a) Failing to replace or repair the danger signs that are lost, damaged, or inoperative in the segments under their management;

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c) Failing to prevent vehicles from going through the flooded segments the road surface of which is more than 0.5 m under the water surface.

4. A fine of from 3,000,000 VND to 5,000,000 VND shall be imposed upon the individual, a fine of from 6,000,000 VND to 10,000,000 VND shall be imposed upon the organization that commits one of the following violations:

a) Delaying moving the illegal construction, house, or booth, whether deliberately or unintentionally, that obstructing land clearance serving the construction, expansion, improvement, and protection of road infrastructure under decisions of competent authorities;

b) Damaging or sabotaging the drainage system, except for the violations mentioned in Clause 5 of this Article;

c) Removing, moving, placing, or falsifying road signs, traffic lights, fences, milestones, road markings, median strip, and parts of the road without permission.

5. A fine of from 5,000,000 VND to 7,000,000 VND shall be imposed upon the individual, a fine of from 10,000,000 VND to 14,000,000 VND shall be imposed upon the organization that commits one of the following violations:

a) Illegally drilling, digging, cutting the road or the sidewalk;

b) Breaking the median strip, convex mirrors, and safety works on public roads without permission;

c) Damaging or opening manhole covers and tunnel systems on public roads without permission;

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6. Apart from incurring the penalties, the violator shall be compelled to:

A) Replacing or repairing the lost or damaged road signs if any of the violations mentioned in Point a Clause 3 of this Article are committed;

b) Restore the original condition if any of the violations mentioned in Point b Clause 2; Point b and Point c Clause 4; Clause 5 of this Article is committed.

SECTION 3. VIOLATIONS AGAINST REGULATIONS ON VEHICLES ON PUBLIC ROADS

Article 16. Penalties incurred by operators of cars (including the trailers or semi-trailers being towed) that violate regulations on roadworthiness of vehicles

1. A fine of from 100,000 VND to 200,000 VND shall be imposed for operating a car without a windshield or with a broken or ineffective windshield (if any).

2. A fine of from 300,000 VND to 400,000 VND shall be imposed for:

a) Operating a car without functional headlamps, plate lamp, brake lamps, turn signals, windshield wipers, mirrors, emergency equipment, fire safety equipment, pressure meter, and speedometer;

b) Operating a vehicle without a functional horn;

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3. A fine of from 800,000 VND to 1,000,000 VND shall be imposed for:

a) Operating a vehicle with an additional headlamp towards the back;

b) Operating a vehicle with a defective steering system;

c) Operating a vehicle without sufficient license plates, or the license plates are at improper positions; the letters and numbers on the license plate are not clear; the license plate is bent, blocked, or damaged;

d) Operating a vehicle without sufficient wheels or tires; the sizes of the wheels or tires are not conformable;

dd) Changing the size of the trunk or adding passenger seats without permission.

4. A fine of from 2,000,000 VND to 3,000,000 VND shall be imposed for:

a) Operating a vehicle without a corresponding certificate of vehicle registration or trailer/semi-trailer registration;

b) Operating a vehicle without a license plate (if required);

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d) Using a horn the loudness of which is beyond permissible limits, or installing it on the vehicle;

dd) Operating a vehicle without a brake system that comply with standards.

5. A fine of from 4,000,000 VND to 6,000,000 VND shall be imposed for:

a) Operating a vehicle beyond its temporary operational period;

b) Operating a vehicle beyond its maximum service life (if limited);

c) Operating the illegally manufactured or assembled vehicles on public roads (including the tractors banned from traffic);

d) Operating a vehicle the license plate of which is not consistent with the certificate of registration, or the license plate of which is not issued by a competent authority;

dd) Using a Certificate or stamp of technical and environmental safety or Certificate of vehicle registration that is not issued by a competent authority; using a Certificate of vehicle registration that is not consistent with the chassis or engine number (including trailers and semi-trailers)

6. Apart from fines, the operators that commit the violations shall also incur the following additional penalties:

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b) The illegal lamps or horns shall be confiscated when any of the violations mentioned in Point a Clause 3 or Point d Clause 4 of this Article is committed;

c) The Certificate or stamp of technical and environmental safety, the Certificate of vehicle registration, or the license plate that is not issued by a competent authority shall be confiscated; the driving license shall be suspended for 01 month when any of the violations mentioned in Point d or Point dd Clause 5 of this Article is committed;

d) The driving license shall be suspended for 02 month when any of the violations mentioned in Point b or Point c Clause 5 of this Article is committed;

7. Apart from incurring the penalties, the violator shall be compelled to:

a) Install conformable equipment and remove unconformable equipment when any of the violations mentioned in Clause 1, Clause 2, Point c, Point d or Point dd Clause 3 of this Article is committed;

a) Restore the technical functions of the equipment; install conformable equipment when any of the violations mentioned in Point b Clause 3 or Point dd Clause 4 of this Article is committed;

c) Install a conformable horn if any of the violations mentioned in Point d Clause 4 of this Article is committed.

Article 17. Penalties incurred by operators of mopeds and motorcycles (including electric motorcycles) that violate regulations on roadworthiness

1. A fine of from 80,000 VND to 100,000 VND shall be imposed for:

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b) Operating a vehicle the license plate of which is improperly positioned; the letters and numbers on the plate are not clear; the plate is bent, blocked, or damaged;

c) Operating a vehicle without working turn signals.

2. A fine of from 100,000 VND to 200,000 VND shall be imposed for:

a) Using an inappropriate horn for the type of vehicle;

b) Operating a vehicle without a sound or smoke suppression system that meets environmental requirements with regard to exhaust and noise;

c) Operating a vehicle without a lamp with lower beam and a high beam that is working or complying with standards;

dd) Operating a vehicle without a proper brake system;

dd) Operating a vehicle with an additional headlamp towards the back.

3. A fine of from 300,000 VND to 400,000 VND shall be imposed for:

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b) Using a Certificate of vehicle registration that is falsified, or not consistent with the chassis number or engine number, or not issued by a competent authority;

c) Operating a vehicle without a license plate (if required); the license plate installed is not consistent with the Certificate of vehicle registration or not issued by a competent authority;

4. A fine of from 800,000 VND to 1,000,000 VND shall be imposed for:

a) Operating a vehicle beyond its temporary operational period;

b) Operating a vehicle that is illegally manufactured or assembled.

5. Apart from fines, the operators that commit the violations shall also incur the following additional penalties:

a) The horn shall be confiscated when any of the violations mentioned in Point a Clause 2 of this Article is committed;

b) The improper Certificate of vehicle registration or license plate shall be confiscated when any of the violations mentioned in Point b or Point c Clause 3 of this Article is committed;

c) The driving license shall be suspended for 01 month when any of the violations mentioned in Point a Clause 4 of this Article is committed;

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Article 18. Penalties incurred by operators of non-motorized vehicles that are not roadworthy

1. A warning or a fine of from 50,000 VND to 60,000 VND shall be imposed for operating a car without registration or without a license plate (if required).

2. A fine of from 60,000 VND to 100,000 VND shall be imposed for:

c) Operating a vehicle without a brake system or the brake system is not working.

b) Carrying passengers or cargo with a non-motorized vehicle that fails to meet local convenience and hygiene standards.

Article 19. Penalties incurred by operators of tractors and specialized motorcycles that are not roadworthy

1. A fine of from 300,000 VND to 400,000 VND shall be imposed for:

a) Operating a vehicle the Certificate of vehicle registration; the license plate is not in place; the license plate is not issued by competent authorities;

b) Operating a vehicle without a brake system or the brake system fails to meet technical standards; operating a vehicle with a defective steering system;

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d) Operating a vehicle without lighting system or without sound suppression devices;

dd) Operating a vehicle without an unexpired certificate or stamp of technical and environmental safety (if required).

2. A fine of from 1,000,000 VND to 2,000,000 VND shall be imposed for:

a) Operating a vehicle beyond the permissible area;

b) Operating the specialized tractor or motorcycles that are illegally manufactured, assembled, or modified on public roads.

3. Apart from fines, the vehicle operator that commit the violations in Point b Clause 2 of this Article shall also have their vehicle confiscated.

4. Apart from fines, the vehicle operator that commit the violations in Point b, Point c, and Point d Clause 1 of this Article shall be compelled to install sufficient equipment or restore the technical functions of the equipment, or replace it with those that meet technical standards.

Article 20. Penalties incurred by operators of cars and tractors that fail to meet hygienic requirements

1. A warning or a fine of from 50,000 VND to 100,000 VND shall be imposed for operating the vehicle that fail to meet hygienic requirements in urban areas.

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3. A fine of from 1,000,000 VND to 3,000,000 VND shall be imposed for:

a) Spilling oil or chemicals on public roads;

b) Carrying break bulk cargo or building materials that are likely to be spilled without covering, or the cover does not work; spilling water from the goods or waste being carried and thus threatening traffic safety and environmental hygiene;

c) Dragging waste on public roads and thus threatening traffic safety and environmental hygiene.

4. A fine of from 5,000,000 VND to 10,000,000 VND shall be imposed for spilling waste during the collection or transport.

5. A fine of from 10,000,000 VND to 15,000,000 VND shall be imposed for dumping garbage or waste to the street.

6. Apart from fines, the vehicle operator that commit the violations mentioned in Clause 5 of this Article shall also have their driving license suspended for 01 month.

7. Apart from incurring the penalties, the vehicle operator that commits the violations in Clause 1, Clause 2, Clause 3, Clause 4 and Clause 5 of this Article shall be compelled to remove the materials, garbage, waste, and recover the original condition that has been changed by the violations. Remedial measures shall be taken if pollution is caused.

SECTION 4. VIOLATIONS AGAINST REGULATIONS ON ROAD VEHICLE OPERATORS

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1. A person from 14 to under 16 years of age that operates a moped or motorcycle (including electric motorcycles), car, or tractor shall receive a warning.

2. A fine of from 80,000 VND to 120,000 VND shall be imposed for:

a) Operating a motorcycle or moped without carrying an unexpired Certificate of civil liability insurance for motor vehicles;

b) Operating a motorcycle or moped without carrying the Certificate of vehicle registration;

c) Operating a motorcycle without carrying a driving license.

3. A fine of from 200,000 VND to 400,000 VND shall be imposed for:

a) Operating a car or tractor without carrying a driving license;

b) Operating a car or tractor without carrying a Certificate of vehicle registration;

c) Operating a car or tractor without carrying the certificate of technical and environmental safety (if required).

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a) A person from 16 to under 18 years of age that operates a motorcycle, of which the engine capacity is 50 cm³ or over;

b) The operator of a car or tractor that fails to present an unexpired Certificate of civil liability insurance for motor vehicles;

c) Operating a car or tractor with a driving license that has been expired for less than 06 months.

5. A fine of from 800,000 VND to 1,200,000 VND shall be imposed for operating a vehicle without the driving license or using a driving license that is not issued by a competent authority, or a falsified driving license, except for the violations mentioned in Point b Clause 7 of this Article.

6. A fine of from 1,200,000 VND to 3,000,000 VND shall be imposed upon a person from 16 to under 18 years of age that operates a car or tractor.

7. A fine of from 4,000,000 VND to 6,000,000 VND shall be imposed upon an operator of a motorcycle of which the engine capacity is 175 cm³ or over, a car, or a tractor that commits one of the following violations:

a) Using a driving license that is not consistent with the type of vehicle or has expired for 06 months or more;

b) Failing to have a driving license or using a driving license that is not issued by a competent authority, or a driving license that is falsified;

8. Apart from fines, the vehicle operator that commit the violations in Clause 5 or Point b Clause 7 of this Article shall also have the driving license that is not issued by a competent authority or the falsified driving license confiscated.

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1. A fine of from 100,000 VND to 200,000 VND shall be imposed for:

a) Operating a specialized motorcycle without reaching the permissible age;

b) Operating a specialized motorcycle without carrying a suitable driving license, the certificate of training in traffic rules;

c) Operating a specialized motorcycle without carrying a Certificate of vehicle registration;

d) Operating a specialized motorcycle without carrying the certificate of technical and environmental safety (if required).

2. A fine of from 600,000 VND to 1,000,000 VND shall be imposed for operating a specialized vehicle without obtaining an appropriate driving license or certificate of training in traffic rules.

SECTION 5. VIOLATIONS AGAINST REGULATIONS ON ROAD TRANSPORT

Article 23. Penalties incurred by operators of passenger vehicles that violate traffic rules

1. A fine of from 100,000 VND to 200,000 VND shall be imposed for:

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b) Failing to comply with regulations on turning on and off the “TAXI” light;

c) Failing to wear uniforms and name tags.

2. A fine of from 300,000 VND to 500,000 VND shall be imposed upon the driver of the passenger car for every person carried beyond the permissible limit of the vehicle (except for buses): 02 people or more on a 9 seater vehicle, 03 people or more on a 10 - 15 seater vehicle; 04 people or more on a 16 - 30 seater vehicle; 05 people or more on a 30 seater vehicle or bigger, except for the violations mentioned in Clause 4 of this Article.

3. A fine of from 500,000 VND to 800,000 VND shall be imposed upon:

a) Leaving the door open while the vehicle is running;

b) Allowing the passengers to stay in the vehicle while the vehicle is entering or leaving a barge or floating bridge (except for the elderly, the disabled, and sick people);

c) Failing to stick to the prescribed route;

d) Allowing the passenger to lie on a hammock in the vehicle or hang from the vehicle while it is running;

dd) Stacking luggage and goods unsafely; dropping luggage or goods from the vehicle; putting goods in the passenger cabin;

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g) Carrying stinky goods on the passenger vehicle;

h) Failing to have a list of passengers when transporting tourists or passengers under a contract; carrying other people than those in the list; failing to have a transport contract as prescribed;

i) Transporting passengers along a fixed route without carrying a transport order, or the transport order is not certified by both stations;

k) Transporting passengers without attendants (if required);

l) Selling tickets to tourists or passengers under transport contracts;

m) Driving a taxi without a taximeter or using the taximeter improperly while transporting passengers;

n) Failing to stick to the route licensed by a competent authority (if any).

4. A fine of from 800,000 VND to 1,000,000 VND shall be imposed upon the driver of the passenger car for every person carried beyond the permissible limit of the vehicle if the route is longer than 300 km: 02 people or more on a 9 seater vehicle, 03 people or more on a 10 - 15 seater vehicle; 04 people or more on a 16 - 30 seater vehicle; 04 people or more on a > 30 seater vehicle.

5. A fine of from 1,000,000 VND to 2,000,000 VND shall be imposed upon:

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b) Transferring passengers to another vehicle without their consents; threatening, humiliating passengers; fighting for passengers; forcing passengers to use services against their will;

c) Forcing passengers to get off the vehicle to avoid inspection by competent persons;

d) Making the vehicle imbalanced when loading cargo;

dd) Picking up, dropping off passengers at improper places along the route where such places are prescribed;

e) Picking up or dropping off passengers where parking and/or stopping is prohibited, or where the road is curved and thus view is blocked;

g) Operating a vehicle to provide passenger transport services without a functional GPS surveillance device.

6. A fine of from 3,000,000 VND to 5,000,000 VND shall be imposed for:

a) Transporting dangerous, toxic, flammable, explosive goods, transporting animals or other goods that affect the health of passengers on the passenger vehicle;

b) Transporting people on the hood, roof, or in the trunk;

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d) Operating the vehicle beyond time limits;

dd) Operating a passenger vehicle without an unexpired badge.

7. Apart from fines, the vehicle operators that commit the violations shall also incur the following additional penalties:

a) The driving license shall be suspended for 01 month when any of the violations mentioned in Clause 2, Clause 4 (exceeding the permissible number of passengers by 50% - 100%); Point d, Point e, Point h, Point i Clause 3; Point a, Point b, Point c, Point d, Point dd, Point e Clause 5 of this Article is committed;

b) The driving license shall be suspended for 02 month when any of the violations mentioned in Clause 6 of this Article is committed;

c) The driving license shall be suspended for 04 month when any of the violations mentioned in Clause 2 or Clause 4 is committed (exceeding the permissible number of passengers by more than 100%).

8. Apart from incurring the penalties, the vehicle operator that commits the violations in Clause 2 or Clause 4 of this Article must provide another vehicle to transport the passengers beyond the permissible number.

Article 24. Penalties incurred by operators of trucks, tractors and cars that violate traffic rules when transporting goods

1. A fine of from 300,000 VND to 400,000 VND shall be imposed for:

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b) Exceeding the GVWR written in the Certificate of vehicle registration or Certificate of technical and environmental safety, but below the levels mentioned in Point a Clause 2, Point a Clause 5, and Clause 6 of this Article.

2. A fine of from 800,000 VND to 1,000,000 VND shall be imposed for:

a) Exceeding the GVWR (written in the Certificate of vehicle registration or Certificate of technical and environmental safety) by 10% - 40% if the GVWR is below 5 metric tons, or by 5% - 30% if the GVWR is 5 metric tons or above, including trailers and semi-trailers;

b) Putting cargo on the roof; stacking cargo exceeding the width of the vehicle; stacking goods longer than the length of the vehicle by 10%;

c) Carrying passengers in the cargo container; allowing the passenger to sit on the roof or hang from the vehicle while it is running;

d) Transporting goods without carrying a transport contract or transport order, except for taxi trucks.

3. A fine of from 1,000,000 VND to 2,000,000 VND shall be imposed for transporting goods without a functional a GPS surveillance device (if required).

4. A fine of from 2,000,000 VND to 3,000,000 VND shall be imposed for:

a) Driving a taxi truck without a taximeter or the taximeter is installed improperly;

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5. A fine of from 3,000,000 VND to 5,000,000 VND shall be imposed for:

a) Exceeding the GVWR (written in the Certificate of vehicle registration or Certificate of technical and environmental safety) by more than 40% to 60% if the GVWR is below 5 metric tons, or by more than 30% to 50% if the GVWR is 5 metric tons or above (including trailers and semi-trailers);

b) Operating the vehicle beyond time limits;

c) Operating a vehicle without an unexpired badge (if a badge is required).

6. A fine of from 5,000,000 VND to 7,000,000 VND shall be imposed for exceeding the GVWR (written in the Certificate of vehicle registration or Certificate of technical and environmental safety), by more than 60% if the GVWR is below 5 metric tons, or by more than 50% if the GVW is 5 metric tons or above (including trailers and semi-trailers).

7. Apart from the fines, the violator shall also incur the following additional penalties:

a) The driving license shall be suspended for 01 month when any of the violations mentioned in Point a or Point b Clause 2 of this Article is committed;

b) The driving license shall be suspended for 02 month when the violations Point c Clause 2, Point b Clause 4, Clause 5, or Clause 6 of this Article is committed;

8. Apart from incurring the penalties, the person that commits the violations in Point a or Point b Clause 2, Point b Clause 4, Point a Clause 5, or Clause 6 of this Article shall also be compelled to remove the excessive amount of goods.

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1. A fine of from 1,000,000 VND to 2,000,000 VND shall be imposed for:

a) Transporting oversize and overweight goods without notice of size;

b) Failing to comply with the License for transport, except for the violations mentioned in Point b Clause 2 of this Article.

2. A fine of from 5,000,000 VND to 7,000,000 VND shall be imposed for:

a) Transporting oversize and overweight goods without an unexpired license for transport;

b) Transporting oversize and overweight goods with an unexpired license for transport but the GVW or outer size (after cargo is loaded) exceeds the limits in the license for transport.

3. Apart from the fines, the violator shall also incur the following additional penalties:

a) The driving license shall be suspended for 01 month when any of the violations mentioned in Clause 1 of this Article is committed;

b) The driving license shall be suspended for 02 month when any of the violations mentioned in Clause 2 of this Article is committed;

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Article 26. Penalties incurred by vehicle operators that violate the regulations on transport of pollutants and dangerous goods

1. A fine of from 1,000,000 VND to 2,000,000 VND shall be imposed for:

a) Stopping or parking at crowded places, in residential areas, at important constructions or dangerous places while transporting dangerous goods; transporting dangerous goods without danger signs, except for the violations mentioned in Clause 2 of this Article;

b) Transporting pollutants against the regulations on environment protection, except for the violations mentioned in Clause 2 and Clause 3 of this Article.

2. A fine of from 2,000,000 VND to 3,000,000 VND shall be imposed for transporting dangerous goods without a license or against the license.

3. A fine of from 5,000,000 VND to 10,000,000 VND shall be imposed for transporting hazardous or radioactive wastes against regulations on environment protection.

4. Apart from the fines, the violator shall also incur the following additional penalties:

a) The driving license shall be suspended for 01 month when any of the violations mentioned in Clause 1 or Clause 2 of this Article is committed;

b) The driving license shall be suspended for 02 month when any of the violations mentioned in Clause 3 of this Article is committed;

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Article 27. Penalties for transporting garbage, wastes, bulk cargo, or other goods against regulations on transport in urban areas

A fine of from 500,000 VND to 1,000,000 VND shall be imposed for the failure to adhere to the prescribed route, range, and time.

Article 28. Penalties for violations against regulations on road transport and ancillary services for road transport

1. A fine of from 500,000 VND to 1,000,000 VND shall be imposed upon an individual, a fine of from 1,000,000 VND to 2,000,000 VND shall be imposed upon an organization that load cargo to the vehicle beyond the GVWR written in the Certificate of vehicle registration of Certificate of technical and environmental safety; loading cargo to the vehicle without signing the transport order.

2. A fine of from 1,000,000 VND to 2,000,000 VND shall be imposed upon the individual, a fine of from 2,000,000 VND to 4,000,000 VND shall be imposed upon the organization that commits one of the following violations:

a) Failing to put the name and phone number of the transport service provider on the outer sides of the body or doors of the passenger vehicle;

b) Failing to put the name and phone number of the transport service provider, the net weight of the vehicle, the maximum payload on the outer sides of the truck doors;

c) Failing to put the name and phone number of the transport service provider, the net weight of the vehicle, the maximum payload of the vehicle on the outer sides of the body or doors of the taxi truck;

d) Failing to number the passenger seats;

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3. A fine of from 2,000,000 VND to 3,000,000 VND shall be imposed upon the individual, a fine of from 4,000,000 VND to 6,000,000 VND shall be imposed upon the organization that commits one of the following violations:

a) Failing to establish a department to monitor safety conditions, or the department fails to maintain their operation;

b) Failing to register and post the route, charges, standards of the transport services or ancillary services.

c) Using a 10 seater vehicle or bigger as a taxi;

d) Using a vehicle without "TAXI" light as a taxi; using taxies without taximeters or the taximeters of which are not installed properly;

dd) The symbol (logo) or phone number on the taxi is inconsistent with registration;

e) The number of drivers and attendants on the passenger vehicle is not sufficient according to the registered business plan;

g) Employing the drivers and attendants that are not trained in passenger transport and road safety (if the type of transport requires that drivers and attendants be trained);

h) Employing drivers and attendants without labor contracts;

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k) Employing unfit people to operate the transport business;

l) Using the vehicles of members to provide transport services without written agreements between the member and the cooperative; or using the vehicles that are not under their ownership to provide transport services;

m) The quantity of vehicles is not sufficient for the registered business; no parking space available;

n) The information in the transport order is not completely certified by the station, or not at all; the violations of the companies and cooperatives that participate in transport service provision at the station are not reported to the administering agency.

4. A fine of from 3,000,000 VND to 4,000,000 VND shall be imposed upon the individual, a fine of from 6,000,000 VND to 8,000,000 VND shall be imposed upon the organization that commits one of the following violations:

a) Running the station, parking lot, or rest stop without permission from competent authorities;

b) Allowing the vehicles that are not suitable for passenger transports to pick up passengers in the station;

c) Providing transport services without a Certificate of business registration or the License for transport services;

d) Conducting the business in contravention of the License for transport services;

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e) Failing to adhere to the registered routes, charges, and service standards;

g) Establishing illegal stations;

h) Using the vehicles without GPS surveillance devices to provide transport services (if required), or the devices are not functional or not conformable with standards;

5. Apart from the fines, the violator shall also incur the following additional penalties:

a) The badge of the vehicle shall be suspended for 01 month when any of the violations mentioned in Point b, Point d, Point d, Point e, Point g, Point h, Point i, Point l Clause 3; Point e, Point h Clause 4 of this Article is committed;

b) The license for transport services shall be suspended for 01 month when any of the violations mentioned in Point a Clause 3, or Point d Clause 4 of this Article is committed;

6. Apart from incurring the penalties, the violator shall be compelled to:

a) Take remedial measures when any of the violations mentioned in Clause 2; Point b, Point d, Point dd, Point e, Point g, Point h, Point i, Point l Clause 3; Point d, Point e, Point h Clause 4 is committed

b) Return the excess charges to passengers when any of the violations mentioned in Point e Clause 4 of this Article is committed.

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Article 29. Penalties for illegal manufacture, assembly of motor vehicles; illegal manufacture or sale of license plates

1. A fine of from 1,000,000 VND to 2,000,000 VND shall be imposed upon the individual, a fine of from 2,000,000 VND to 4,000,000 VND shall be imposed upon the organization that sells license plates that are not manufactured or allowed by competent authorities.

2. A fine of from 3,000,000 VND to 5,000,000 VND shall be imposed upon the individual, a fine of from 6,000,000 VND to 10,000,000 VND shall be imposed upon the organization that illegally manufacture or assembly motor vehicles.

3. Apart from fines, the violators that commit the violations in Clause 1 or Clause 2 of this Article shall have the illegal license plates and vehicles confiscated.

Article 30. Penalties incurred by vehicle owners

1. For owners of mopeds and motorcycles: a fine of from 100,000 VND to 200,000 VND shall be imposed upon the individual, a fine of from 200,000 VND to 400,000 VND shall be imposed upon the organization that commits one of the following violations:

a) Changing the brand name or color of the vehicle without permission (according to the Certificate of vehicle registration);

b) Failing to follow the procedure for transferring the vehicle ownership when buying, being given, allocated, or inherited a moped or motorcycle.

2. For owners of cars, tractors, specialized motorcycles: a fine of from 300,000 VND to 400,000 VND shall be imposed upon the individual, a fine of from 600,000 VND to 800,000 VND shall be imposed upon the organization that commits one of the following violations:

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b) Changing the color of the vehicle without permission (according to the Certificate of vehicle registration);

c) Failing to comply with regulations on license plates and text on the vehicle; except for the violations mentioned in Point a, Point b, and Point c Clause 2 Article 28, Point b Clause 2 Article 37 of this Decree.

3. For owners of mopeds and motorcycles: a fine of from 800,000 VND to 1,000,000 VND shall be imposed upon the individual, a fine of from 1.600,000 VND to 2,000,000 VND shall be imposed upon the organization that commits one of the following violations:

a) Changing the chassis number or engine number without permission;

b) Falsifying or forging the documents about vehicle registration;

c) Changing the chassis, engine, shape, size, or functions of the vehicle;

d) Providing false information or using fake documents to apply for reissuance of the license plate or Certificate of vehicle registration;

dd) Allowing an unqualified person according to Clause 1 Article 58 of the Law on Road traffic to use the vehicle on public roads.

4. For owners of cars, tractors, specialized motorcycles: a fine of from 1,000,000 VND to 2,000,000 VND shall be imposed upon the individual, a fine of from 2,000,000 VND to 4,000,000 VND shall be imposed upon the organization that fails to follow the procedure for transferring the vehicle ownership when buying, being given, allocated, or inherited a car, tractor, or specialized motorcycle.

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a) Changing the frame number or engine number without permission;

b) Falsifying the Certificate of vehicle registration, vehicle registration documents, or the Certificate of technical and environmental safety;

c) Disobeying the order for confiscation of the Certificate of vehicle registration or the Certificate of technical and environmental safety;

d) Failing to apply for a replacement of the Certificate of vehicle registration after the vehicle is modified;

dd) Allowing an unqualified person to use the car or tractor (according to Clause 1 Article 58 of the Law on Road traffic) or specialized motorcycle (according to Clause 1 Article 62 of the Law on Road traffic) on public roads;

e) Providing false information or using fake documents to apply for the reissuance of the license plate, Certificate of vehicle registration, or Certificate of technical and environmental safety;

g) Allowing an employee or representative to operate the vehicle and subsequently commit the violations mentioned in Clause 2, Point e Clause 3, Clause 4, or Point d Clause 6 Article 23 of this Decree;

h) Allowing an employee or representative to operate the vehicle and subsequently commit the violations mentioned in Point a or Point b Clause 2, Point b Clause 4, Point a or Point b Clause 5, Clause 5 Article 24 of this Decree;

i) Allowing an employee or representative to operate the vehicle and subsequently commit the violations mentioned in Clause 2 Article 25 of this Decree;

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6. A fine of from 4,000,000 VND to 6,000,000 VND shall be imposed upon the individual, a fine of from 8,000,000 VND to 12,000,000 VND shall be imposed upon the organization that commits one of the following violations:

a) Using hired or borrowed car parts and accessories during inspection;

b) Operating specialized motor vehicles on public roads without the Certificate of technical and environmental safety.

7. For owners of cars, tractors, specialized motorcycles: a fine of from 6,000,000 VND to 8,000,000 VND shall be imposed upon the individual, a fine of from 12,000,000 VND to 16,000,000 VND shall be imposed upon the organization that commits one of the following violations:

a) Changing the chassis, engine, the brake system, transmission system without permission; changing the original shape or size of the vehicle against the manufacturer’s design or the modified design approved by a competent authority without permission; changing the functions of the vehicles;

b) Transforming other types of vehicle into passenger vehicles.

8. Apart from the fines, the violator shall also incur the following additional penalties:

a) The license plate, Certificate of vehicle registration (reissued), fake documents shall be confiscated when any of the violations mentioned in Point b, Point d Clause 3, Point b or Point e Clause 5 of this Article is committed;

b) The horn shall be confiscated when any of the violations mentioned in Point a Clause 7 of this Article is committed;

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a) Restore the brand name or color written in the Certificate of vehicle registration, comply with the regulations on license plates and text on the vehicle when any of the violations mentioned in Point a Clause 1, Point b or Point c Clause 2 of this Article is committed;

b) Restore the original shape, size or technical safety of the vehicle when any of the violations mentioned in Point a Clause 2 or Point a Clause 7 of this Article is committed.

Article 31. Penalties incurred by attendants on buses, passenger vehicles and tourist buses that violate traffic rules

1. A warning or fine of from 50,000 VND to 60,000 VND shall be imposed for:

a) Failing to help passengers that are children or the elderly that cannot get on and off the vehicle themselves, the people suffering from mobility or visual impairments;

b) Failing to wear uniforms and name tags.

2. A fine of from 100,000 VND to 200,000 VND shall be imposed upon the bus attendant that collect money without giving tickets to passengers, or sell tickets at higher prices than prescribed rates.

3. A fine of from 300,000 VND to 400,000 VND shall be imposed upon the bus attendant on a passenger vehicle along a fixed route that collect money without giving tickets to passengers, or sell tickets at higher prices than prescribed rates.

4. A fine of from 1,000,000 VND to 2,000,000 VND shall be imposed for:

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b) Forcing passengers to get off the vehicle to avoid inspection by competent persons.

5. A fine of from 3,000,000 VND to 5,000,000 VND shall be imposed for attacking passengers physically.

Article 32. Penalties incurred by passengers that violate traffic rules

1. A fine of from 50,000 VND to 100,000 VND shall be imposed for:

a) Failure to follow the instructions of the driver and attendants on road safety;

b) Disturb the order on the vehicle.

2. A fine of from 300,000 VND to 400,000 VND shall be imposed for:

a) Bringing hazardous, flammable explosive chemicals, dangerous goods, or prohibited goods to the vehicle;

b) Threatening, infringing upon the health or belongings of other people on the vehicle;

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3. Apart from fines, the person that commit the violations in Point a Clause 2 of this Article shall have the hazardous, flammable explosive chemicals, dangerous goods, or prohibited goods confiscated.

Article 33. Penalties incurred by operators of tracked vehicles, the vehicles that exceed the capacity or dimensional limits of the bridge or road (including passenger vehicles)

1. A fine of from 1,000,000 VND to 2,000,000 VND shall be imposed for failing to comply with the License for transport, except for the violations mentioned in Point b, Point d, and Point dd Clause 3 of this Article.

2. A fine of from 2,000,000 VND to 3,000,000 VND shall be imposed for operating a vehicle of which the gross vehicle weight or gross axle weight exceeds the capacity of the bridge or road by 10% - 20%, unless an unexpired license for transport is presented.

3. A fine of from 3,000,000 VND to 5,000,000 VND shall be imposed for:

a) Disobeying the order for weight or size inspection; transferring load or using other tricks to pass the inspection;

b) Operating a vehicle with an unexpired License for transport but the gross vehicle weight or gross axle weight of which exceeds the rating in the License for transport;

c) Operating a vehicle of which the gross vehicle weight or gross axle weight exceeds the capacity of the bridge or road by 20% - 50%, unless an unexpired license for transport is presented;

d) Carrying goods that exceed the dimensional limits written in the License for transport;

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e) Operating a vehicle of which the outer size (including cargo) exceeds the size of the bridge or road, unless an unexpired license for transport is presented.

4. A fine of from 5,000,000 VND to 7,000,000 VND shall be imposed for operating a vehicle of which the gross vehicle weight or gross axle weight exceeds the capacity of the bridge or road by over 50%, unless an unexpired license for transport is presented.

5. Apart from fines, the vehicle operators that commit the violations shall also incur the following additional penalties:

a) The driving license (for cars, tractors) or the certificate of training in traffic rules (for specialized motorcycles) shall be suspended for 01 month when any of the violations mentioned in Clause 1 or Clause 2 of this Article is committed;

b) The driving license (for cars, tractors) or the certificate of training in traffic rules (for specialized motorcycles) shall be suspended for 02 month when any of the violations mentioned in Clause 3 or Clause 4 of this Article is committed.

6. Apart from incurring the penalties, the vehicle operator that commits the violations in Clause 1, Clause 2, Clause 3, or Clause 4 of this Article shall also be compelled to remove the excess load, and repair the road infrastructure that is damaged by the violations.

Article 34. Penalties incurred by street racers and street racing watchers

1. A fine of from 1,000,000 VND to 2,000,000 VND shall be imposed for:

a) Cheering, inciting speeding, weaving, chasing, or street racing;

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2. A fine of from 10,00,000 VND to 20,000,000 VND shall be imposed for illegally racing motorcycles, mopeds, and electric motorcycles.

3. A fine of from 20,00,000 VND to 30,000,000 VND shall be imposed for illegally racing cars.

4. Apart from fines, the vehicle operators that commit the violations shall also incur the following additional penalties:

a) The vehicles used for racing (except for animals) shall be confiscated when any of the violations mentioned in Point b Clause 1 of this Article is committed;

b) The vehicle and driving license shall be suspended for 04 month when any of the violations mentioned in Clause 2 or Clause 3 of this Article is committed.

Article 35. Penalties incurred by operators of motorized vehicles bearing foreign license plates

1. A fine of from 500,000 VND to 1,000,000 VND shall be imposed upon operators of motorized vehicles bearing foreign license plates that commit one of the following violations:

a) Operating a vehicle without a symbol for nationality recognition;

b) The documents about the vehicle are not translated into English or Vietnamese;

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2. A fine of from 4,000,000 VND to 6,000,000 VND shall be imposed for:

a) Using the vehicle within Vietnam’s territory beyond the deadline;

b) Operating beyond permissible areas;

c) Operating the vehicle without an unexpired license for international transport or unexpired international shipping badge;

d) Operating a vehicle without a temporary license plate or the temporary license plate on which is not issued by a competent authority;

dd) Transporting passengers or goods against concluded Agreements or Protocols on road transport;

e) Operating a right-hand drive vehicle without a guiding car;

g) The nationality of the operator of the right-hand drive vehicle or a vehicle bearing foreign license plates is not conformable.

3. Apart from incurring the penalties, the vehicle operator that commits the violations in Point a, Point c, Point d, Point dd Clause 2  of this Article shall be compelled to re-export the vehicle from Vietnam.

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1. A fine of from 500,000 VND to 1,000,000 VND shall be imposed upon the operators of motorcycles and mopeds that commit one of the following violations:

a) Failing to present the declaration of temporarily imported road vehicles;

b) Operating a vehicle without an unexpired badge, or using a badge that is not issued by a competent authority.

2. A fine of from 4,000,000 VND to 6,000,000 VND shall be imposed upon the operators of cars that commit one of the following violations:

a) Failing to present the declaration of temporarily imported road vehicles;

b) Operating a vehicle without an unexpired badge, or using a badge that is not issued by a competent authority.

3. Apart from fines, the vehicle operators that commit the violations shall also incur the following additional penalties:

a) The badge that is not issued by a competent authority shall be confiscated when any of the violations mentioned in Point b Clause 1, Point b Clause 2 of this Article is committed;

b) The vehicle shall be confiscated when any of the violations mentioned in Clause 1 or Clause 2 of this Article is committed.

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Article 37. Penalties for violations against regulations on driver training and driving test

1. A fine of from 300,000 VND to 400,000 VND shall be imposed upon the driving instructor that commits one of the following violations:

a) Allowing the learner that is not wearing the learner’s badge to drive the instructional vehicle;

b) Carrying passengers or goods on the instructional vehicle against the law;

c) Failing to adhere to the route and time in the license for instructional vehicle; failing to sit next to the learner to assist in steering;

d) Failing to wear the instructor’s badge while teaching;

dd) Failing to have a lesson plan.

2. A fine of from 3,000,000 VND to 5,000,000 VND shall be imposed upon:

a) The driver training institution that fails to appoint instructors to sit next to learners to assist in driving, or appoint unqualified people as instructors;

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c) The driver training institution that uses instructional vehicles without a working twin brake system;

d) The driver training institution that recruits learners whose age, health, education, seniority, or length of safe driving does not match the class of vehicle they learn;

dd) The driver training institution that does not have enough driving instructors to serve the training capacity written in the license for driver training;

e) The driver training institution that fails to retain documents about the courses;

g) The individuals that provide false information or fake documents to be allowed to learn, take the test and to be issued with the driving license or certificate of training in traffic rules.

3. A fine of from 5,000,000 VND to 10,000,000 VND shall be imposed upon:

dd) The driver training institution that provides training in the other classes of vehicles than those permitted, or provides training beyond the capacity in the license for driver training;

b) The driver training institution that provides driver training at other locations that those written in the license for driver training;

c) The driver training institution that enrolls learners or provide driver training without an unexpired license for driver training;

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dd) The driver training institution that fails to have adequate classrooms, or the classrooms of which do not have adequate teaching materials;

e) The driver training institution that fails to have a practice yard that meet requirements;

g) The driver training institution that fails to have sufficient classes of instructional vehicles to serve the training capacity written in the license for driver training;

h) The driver training institution that issues Certificate of course completion or certificate of basic training to learners improperly;

i) The driving test center that fails to meet the prescribed requirements;

k) The driving test center that changes or use the testing software, grading devices, and classes of testing vehicles without approval by competent authorities;

l) The driving test center that uses inaccurate grading devices in the exam, or uses improper markings on the testing yard;

m) The driving test center that fails to fix the testing fees and charges for other services, or collects testing fees and other charges against the rules.

4. The driving instructor that allows the learner to commit one of the violations in Article 5 of this Decree shall incur a corresponding penalty for such violation.

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a) The driver training institution shall be suspended from enrolment for 03 months when committing the violations in Point a, Point b, Point c, Point d, Point d, Point e Clause 2; Point a, Point b, Point c, Point d, Point d, Point e, Point g, Point h Clause 3 of this Article;

b) The driver training institution shall have the certificate of eligibility suspended for 03 months when committing the violations in Point i, Point k, Point l Clause 3 of this Article;

C) Fake documents shall be confiscated (Point g Clause 2 of this Article).

Article 38. Penalties for violations against regulations on inspection of technical and environmental safety

1. A fine of from 300,000 VND to 400,000 VND shall be imposed upon the inspector of the Registry that commits one of the following violations:

a) Falsifying inspection results;

b) Failing to follow relevant procedures and regulations during the inspection.

2. A fine of from 5,000,000 VND to 7,000,000 VND shall be imposed upon the Registry that commits one of the following violations:

a) Failing to disclose the inspection procedure at the office;

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c) Employing unqualified people as inspectors;

d) Carrying out inspections without adequate devices and personal protective equipment;

dd) Using the testing devices that are not certified or the certification of which has expired;

e) Using testing devices that are broken and thus inaccurate;

g) Failing to supervise the inspection procedure and check the inspection results.

3. Apart from the fines, the Registry the commits the violations in Point c, Point d, Point d, Point e Clause 2 of this Article shall also have their “Certificate of eligibility” suspended for 02 years.

Chapter 3.

VIOLATIONS, PENALTIES, FINES, AND REMEDIAL MEASURES FOR RAIL TRANSPORT OFFENCES

SECTION 1. VIOLATIONS AGAINST REGULATIONS ON SIGNALS, RAILWAY RULES, AND RAILWAY SAFETY

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1. A fine of from 2,000,000 VND to 3,000,000 VND shall be imposed upon the railway infrastructure company that commits one of the following violations:

a) The signs are not installed or not properly installed;

b) The signals are not sufficient or not functional.

2. Apart from incurring the penalties, the violator shall be compelled to:

a) Install the signs properly when any of the violations mentioned in Point a Clause 1 of this Article is committed;

b) Install sufficient signals and ensure they are working when any of the violations mentioned in Point b Clause 1 of this Article is committed;

Article 40. Penalties for violations against regulations on train assembly and brake testing

1. A fine of from 300,000 VND to 500,000 VND shall be imposed upon the examiners that fail to examine incoming and outgoing trains.

2. A fine of from 500,000 VND to 1,000,000 VND shall be imposed upon the train dispatchers and traffic controllers that commit one of the following violations:

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b) Assembling coaches that fail to meet safety requirements;

c) Assembly cargo coaches that contain animals, stinky goods, flammable/explosive substances, hazardous substances, or other dangerous goods into a passenger train.

3. A fine of from 1,000,000 VND to 1.500,000 VND shall be imposed upon the traffic controller or train captain that commits one of the following violations:

a) Allowing a train without sufficient brake pressure to run from the assembly station to another station that requires brake testing;

b) Letting the train run without brake testing.

Article 41. Penalties for violations against regulations on shunting

1. A fine of from 500,000 VND to 1,000,000 VND shall be imposed upon the driver of the shunter, shunting commander or worker that commits one of the following violations:

a) Allowing the locomotive to move before receiving a shunting plan or signal from the shunting commander;

b) Exceed the permissible shunting limit;

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d) Kicking a coach to a track where another coach is under repair or loading; kicking a coach to a track in the rail section or a track where lighting is insufficient, or in a foggy or storming whether;

dd) Letting the coach pass the safety mark after shunting, except for prescribed special cases;

e) Parking a locomotive or coach on a safety track without order from a competent person.

2. A fine of from 1,000,000 VND to 1,500,000 VND shall be imposed upon the train driver or shunting commander that shunt the train beyond the station perimeter.

Article 42. Penalties for violations against regulations on train operation

1. A fine of from 200,000 VND to 400,000 VND shall be imposed upon the train driver, train captain, or traffic controller that fails to sign the warning.

2. A fine of from 1,000,000 VND to 2,000,000 VND shall be imposed upon the train driver that commits one of the following violations:

a) Reversing the train in a foggy or stormy weather without receiving signals;

b) Reversing the train while the signal transmission is interrupted while another train in the same direction is running behind;

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d) Reserving the train when distress signal has been sent;

dd) Reserving the train when is pushed by a locomotive to the rail section.

3. A fine of from 2,000,000 VND to 4,000,000 VND shall be imposed upon the traffic controller, train driver, or captain that allow the train to enter the rail section without evident permission.

4. Apart from fines, the train driver or co-driver that commits the violations in Clause 2 or Clause 3 of this Article shall also have their train driver’s license suspended for 01 month.

Article 43. Penalties for violations against regulations on receiving and sending trains

1. A fine of from 1,000,000 VND to 3,000,000 VND shall be imposed upon the flagman at the crossing or combined bridge that commits one of the following violations:

a) Failing to adhere the professional procedure;

b) Failing to record sufficient information about the trains that cross the crossing.

2. A fine of from 1,000,000 VND to 3,000,000 VND shall be imposed upon the flagman at the crossing or combined bridge that fails to erect the barrier on time.

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a) Failing to take safety measures when a train is approaching;

b) Mistaking the trains;

c) Sending a train without taking the switch key or lock the switch.

Article 44. Penalties for violations against regulations on observance of railway signals

1. A fine of from 300,000 VND to 500,000 VND shall be imposed upon the train driver, shunting commander or worker that commits one of the following violations:

a) Failing to respond to shunting signals by blowing the train whistle;

b) Failing to send appropriate signals while shunting.

2. A fine of from 1,000,000 VND to 2,000,000 VND shall be imposed upon the train driver or captain that allow the train to run without receiving a safety signal from the traffic controller or the signaling employee.

3. A fine of from 2,000,000 VND to 3,000,000 VND shall be imposed upon the train driver that commits one of the following violations:

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b) Failing to stop the train when it

c) Keeping the train running after receiving the stop signal.

4. Apart from fines, the train driver that commits the violations mentioned in Clause 3 of this Article shall also have his train driver’s license suspended for 01 month.

Article 45. Penalties for violations against regulations on train dispatching

1. A fine of from 5,000,000 VND to 7,000,000 VND shall be imposed upon the train dispatching that fails to check the adherence to the timetable and train assembly plan.

2. A fine of from 2,000,000 VND to 3,000,000 VND shall be imposed upon the train dispatcher that commits one of the following violations:

a) Sending train orders ultra vires;

b) Failing to send warnings to the train driver on time;

c) Failing to order the blockade of a rail section to execute construction or repair railway infrastructure; sending a rescue train or building train to the section that need blocking;

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Article 46. Penalties for violations against regulations traffic at railroad crossings, combined bridges, and tunnels

1. A fine of from 50,000 VND to 60,000 VND shall be imposed upon:

a) The pedestrians that trespass the barrier of the crossing or combined bridge when the light has turned red, disobey the signals, signs, road markings, or instructions of the flagman when going through the crossing or combine bridge;

b) The operators of bicycles, motored bicycles, and non-motorized vehicles that disobey the signals, signs, or road markings when going through the crossing or combined bridge.

2. A fine of from 80,000 VND to 100,000 VND shall be imposed upon the operators of bicycles, motored bicycles, and non-motorized vehicles that trespass the barrier of the crossing or combined bridge when the light has turned red; disobey the signals or instructions of the flagman when going through the crossing or combined bridge.

3. A fine of from 100,000 VND to 200,000 VND shall be imposed upon the operators of motorcycles and mopeds (including electric motorcycles) that stop or park within the length of the crossing or combined bridge, or disobey the signals, signs, or road markings when going through the crossing or combined bridge.

4. A fine of from 200,000 VND to 400,000 VND shall be imposed upon the operators of motorcycles and mopeds (including electric motorcycles) that trespass the barrier of the crossing or combined bridge when the light has turned red; disobey the signals or instructions of the flagman when going through the crossing or combined bridge.

5. A fine of from 400,000 VND to 600,000 VND shall be imposed upon the operators of tractors and specialized motorcycles that stop or park within the length of the crossing or combined bridge; disobey the signals, signs, road markings, or instructions of the flagman when going through the crossing or combined bridge.

6. A fine of from 600,000 VND to 800,000 VND shall be imposed upon:

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b) Operators of cars that stop or park within the length of the crossing or combined bridge; disobey the signals, signs, or road markings when going through the crossing or combined bridge.

7. A fine of from 800,000 VND to 1.200,000 VND shall be imposed upon the operators of motorcycles and mopeds (including electric motorcycles) that trespass the barrier of the crossing or combined bridge when the light has turned red, or disobey the instructions of the flagman when going through the crossing or combined bridge.

8. A fine of from 2,000,000 VND to 3,000,000 VND shall be imposed upon operators of road vehicles that commit one of the following violations:

a) Damaging the barrier when operating motor vehicles;

b) Driving tracked vehicles, road rollers, and transporters of oversize and overweight cargo across the crossing without notifying the crossing management unit, or without taking safety measures as guided by the crossing management unit.

9. Apart from incurring the penalties, the person that commits the violations in Clause 8 of this Article shall be compelled to restore the original condition.

Article 47. Penalties for violations against regulations prevention and settlement of railway accidents

1. A fine of from 100,000 VND to 200,000 VND shall be imposed upon the individual that fails to report the railway accident to the nearest station, railway agency, local authority, or police station.

2. A fine of from 1,000,000 VND to 2,000,000 VND shall be imposed upon the responsible for individual that fails to discover obstacles on the railway line that threaten the safety, or fail to report them or take protective measures.

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4. A fine of from 3,000,000 VND to 4,000,000 VND shall be imposed upon the individual, a fine of from 6,000,000 VND to 8,000,000 VND shall be imposed upon the organization that commits one of the following violations:

a) Failing to provide sufficient information or documents related to the railway accident;

b) Avoiding helping people while possible;

c) Failing to be present at the crash scene when being reported of a railway accident;

d) Failing to take measures for preventing railway accidents when being reported of damaged railway works;

dd) Failing to settle the problems and thus affecting the train operation;

e) Obstructing the restoration of the railway when an accident happens.

5. A fine of from 4,000,000 VND to 6,000,000 VND shall be imposed for:

a) Deliberately changing the crash scene;

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c) Making a getaway after causing a railway accident;

d) Avoiding, disobeying the orders of competent persons or authorities for restoration of rail transport.

6. A fine of from 15,000,000 VND to 20,000,000 VND shall be imposed upon the rail transport company that commits one of the following violations:

a) Failing to prevent and handle railway accidents to ensure safe and continuous rail transport;

b) Disobeying the direction of the organization in charge of preventing and handling railway accidents;

c) Failing to report the threats to train operation and suspension of train operation to the traffic controllers at the two ends of the rail section where the threat occurs, or the rail transport operators;

d) Failing to suspend train operation when the rail infrastructure is found threatening train operation safety.

Article 48. Penalties for violations against regulations railway safety assurance

1. A fine of from 300,000 VND to 500,000 VND shall be imposed for:

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b) Trespassing the railway fences;

c) Taking animals across the railway at improper positions, or leaving animals to pull a vehicle across the railway without an operator;

d) Walking, standing, lying, sitting on the roof of the coach, locomotive, steps; hanging, standing, sitting on the sides of the coach, locomotive, or connector; opening the train doors; poking the head, arm, leg, or other stuff out the coach when the train is running, except for the workers on duty;

dd) Placing farming products and other stuff on the railway line or other railway roads;

e) Spilling debris or other materials on the railway line.

2. A fine of from 2,000,000 VND to 3,000,000 VND shall be imposed for:

a) Anchoring ships, boats, or other watercrafts within the safety perimeter of the railway bridge;

b) Placing road vehicles, equipment, materials, or cargo in the railway clearance, except for the violations mentioned in Point b Clause 3 of this Article.

3. A fine of from 3,000,000 VND to 5,000,000 VND shall be imposed for:

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b) Placing obstacles on the railway line.

4. A warning or fine of from 5,000,000 VND to 10,000,000 VND shall be imposed upon the person that drops wood, stones, or other items that cause an accident.

5. Apart from the fines, the violator shall also be compelled to:

a) Return to the proper positions as instructed by the railway employees on the train when any of the violations mentioned in Point a or Point d Clause 1 of this Article is committed;

b) Remove the ships, boats, or other watercrafts from the safety perimeter of the railway bridge when any of the violations mentioned in Point a Clause 2 of this Article is committed;

c) Removing the road vehicles, equipment, materials, or cargo from the railway clearance when any of the violations mentioned in Point b Clause 2 of this Article is committed;

b) Remove the farming products and other stuff railway line or other railway works when any of the violations mentioned in Point dd Clause 1 of this Article is committed;

dd) Remove the debris, obstacles, and other materials from the railway line when any of the violations mentioned in Point e Clause 1 or Point b Clause 3 of this Article is committed.

SECTION 2. VIOLATIONS AGAINST REGULATIONS ON RAILWAY INFRASTRUCTURE

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1. A fine of from 100,000 VND to 200,000 VND shall be imposed upon the individual that dump garbage or waste on the railway, except for the violations in Point a Clause 2 of this Article.

2. A fine of from 3,000,000 VND to 5,000,000 VND shall be imposed upon the individual, a fine of from 6,000,000 VND to 10,000,000 VND shall be imposed upon the organization that commits one of the following violations:

a) Dumping or placing hazardous substances or waste on the railway;

b) Illegally dumping debris or other materials on the railway;

c) Placing flammable or explosive substances within the land area for railway;                                                                                          

d) Blocking the signs, landmarks, or signals of railway works;

dd) Damaging the drainage system of railway works;

e) Illegally placing concrete, wood, steel, or other materials within the safe corridor of the railway works.

3. A fine of from 5,000,000 VND to 10,000,000 VND shall be imposed upon the individual, a fine of from 10,000,000 VND to 20,000,000 VND shall be imposed upon the organization that commits one of the following violations:

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b) Damaging, removing fences that separate the railway and the road without permission; moving or destroying the marks of railway perimeters or railway safety corridor;

c) Damaging, changing, moving the signs, landmarks, or signals of railway works.

4. A fine of from 10,000,000 VND to 20,000,000 VND shall be imposed upon the individual, a fine of from 20,000,000 VND to 40,000,000 VND shall be imposed upon the organization that commits one of the following violations:

a) Illegally opening a railway crossing, setting up power or communication line, building an overpass, underpass, drain, or other works across the railway;

b) Illegally drilling, digging, cutting the railway;

c) Illegally Removing, moving the rails, sleepers, parts, equipment, and signaling system of the railway.

5. A fine of from 20,000,000 VND to 25,000,000 VND shall be imposed upon the individual, a fine of from 40,000,000 VND to 50,000,000 VND shall be imposed upon the organization that commits one of the following violations:

a) Using explosive to extract stones, sand, or gravel that cause the railway work to subside, crack, or block the railway;

b) Connecting the national railway to another railway against the law.

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a) Remove the debris, hazardous substances, waste, and other materials from the railway when any of the violations mentioned in Clause 1, Point a or Point b Clause 2 of this Article is committed;

b) Remove the flammable or explosive substances from the land area for rail transport when any of the violations mentioned in Point c Clause 2 of this Article is committed;

c) Remove the illegal construction and restore the original condition when any of the violations mentioned in Point d, Point dd, Point e Clause 2; Clause 3; Clause 4; Clause 5 of this Article is committed.

Article 50. Penalties for violations against regulations on construction, resource attraction, and other activities in the vicinity of railway works

1. A fine of from 1,000,000 VND to 3,000,000 VND shall be imposed upon the individual, a fine of from 2,000,000 VND to 6,000,000 VND shall be imposed upon the organization that fails to take measures for ensure railway safety.

2. A fine of from 3,000,000 VND to 6,000,000 VND shall be imposed upon the individual, a fine of from 6,000,000 VND to 12,000,000 VND shall be imposed upon the organization that damages railway works.

3. A fine of from 10,000,000 VND to 20,000,000 VND shall be imposed upon the individual, a fine of from 20,000,000 VND to 40,000,000 VND shall be imposed upon the organization that commits the violations in Clause 1 or Clause 2 of this Article and causes a railway accident.

4. Apart from incurring the penalties, the violator shall be compelled to:

a) Take measures to ensure railway safety when any of the violations mentioned in Clause 1 of this Article is committed;

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Article 51. Penalties for violations against regulations on using land area for rail transport

1. A fine of from 300,000 VND to 500,000 VND shall be imposed upon the individual, a fine of from 600,000 VND to 1,000,000 VND shall be imposed upon the organization that commits one of the following violations:

a) Using the land within the perimeter the railway work or the railway safety corridor for farming purposes and thus causing the railway work to subside, crack, or block the railway;

b) Planting trees higher than 1.5 m; planting trees within 02 m from the ground;

a) Trading goods, holding markets, herding cattle within the perimeter of the railway or the railway safety corridor.

2. A fine of from 1,000,000 VND to 3,000,000 VND shall be imposed upon the individual, a fine of from 2,000,000 VND to 6,000,000 VND shall be imposed upon the organization that commits one of the following violations:

a) Placing vehicles, equipment, materials, goods, wastes, or other items within the perimeter of the railway or the railway safety corridor (except for the vehicles, equipment, and materials serving the construction and repair of railway works);

b) Illegally putting up booths, temporary constructions within the land area for rail transport;

c) Putting up advertising boards and other items within the land area for rail transport, except for the violations in Point b Clause 3 of this Article;

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3. A fine of from 20,000,000 VND to 30,000,000 VND shall be imposed upon the individual, a fine of from 40,000,000 VND to 60,000,000 VND shall be imposed upon the organization that commits one of the following violations:

a) Illegally putting up tents, kiosks, temporary constructions within the land area for rail transport;

b) Putting up an advertising board within the land area for railway.                                            

4. Apart from the fines, the person or organization that commits the violations in Point a Clause 2 of this Article shall have illegal items confiscated, except for waste.

5. Apart from incurring the penalties, the violator shall be compelled to:

a) Cut down the trees illegally planted when any of the violations mentioned in Point a or Point b Clause 1 of this Article is committed;

b) Remove the waste from the railway perimeter or railway safety corridor when any of the violations mentioned in Point a Clause 2 of this Article is committed;

c) Remove the illegal booths and temporary constructions from the land area for rail transport;

d) Remove the advertising boards and other blocking items from the land area for rail transport;

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Article 52. Penalties for violations against regulations on railway infrastructure administration

1. A fine of from 5,000,000 VND to 10,000,000 VND shall be imposed upon the railway infrastructure company that commits one of the following violations:

a) Failing to make written records on important positions that are likely to affect railway safety;

b) Failing to carry out periodic inspections;

c) Failing to discover or report the discovered infringements upon the railway perimeter or the railway safety corridor under their management to competent authorities;

d) Failing to repair damaged railway works;

dd) Failing to repair, replace, or fortify damaged parts of the railway infrastructure to sustain the quality in terms of speed and capacity.

2. Apart from incurring the penalties, the violator shall be compelled to:

a) Make written records on important positions that are likely to affect railway safety when any of the violations mentioned in Point a Clause 1 of this Article is committed;

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Article 53. Penalties for violations against regulations on construction of railway works

1. A fine of from 1,000,000 VND to 3,000,000 VND shall be imposed upon the individual, a fine of from 2,000,000 VND to 6,000,000 VND shall be imposed upon the organization that commits one of the following violations:

a) Failing to notify the agency in charge of the railway work before commencing the construction;

b) Failing to provide adequate signaling and safety equipment during the construction;

c) Failing to install adequate signs and signals; failing to take measures to ensure the safety during the construction on the railway;

d) Operating railway equipment during the construction without appropriate qualifications;

dd) Using the building equipment in a way that threatens traffic safety;

e) Carrying on the construction beyond the deadline without applying for an extension of the license;

g) Failing to remove the building materials and equipment from the railway clearance after the blockade period is over;

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i) Failing to notify the agency in charge of railway administration of the completion of the construction.

2. A fine of from 3,000,000 VND to 5,000,000 VND shall be imposed upon the individual, a fine of from 6,000,000 VND to 10,000,000 VND shall be imposed upon the organization that commits one of the following violations:

a) Carrying out the construction without a license or without a valid license, or against the license issued by a competent authority;

b) Failing to take measures for preventing accidents when finding that the construction threatens the safety of railway transport operations.

3. A fine of from 10,000,000 VND to 15,000,000 VND shall be imposed upon the individual, a fine of from 20,000,000 VND to 30,000,000 VND shall be imposed upon the organization that fails to take measures for ensure railway safety on an operational track and thus causes a railway accident.

4. Apart from the fines, the organization or individual that commit  the violations mentioned in Point e Clause 1, Point a Clause 2, or Clause 3 of this Article shall be suspended from construction for 01 month or have their license for construction suspended for 01 month (if any).

5. Apart from incurring the penalties, the organization or individual that commit the violations in Clause 1, Clause 2 or Clause 3 of this Article shall be compelled to immediately take measures for ensuring railway safety.

SECTION 3. VIOLATIONS AGAINST REGULATIONS ON RAILWAY VEHICLES

Article 54. Penalties for violations against regulations on railworthiness

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2. A fine of from 3,000,000 VND to 5,000,000 VND shall be imposed upon the individual, a fine of from 6,000,000 VND to 10,000,000 VND shall be imposed upon the organization that allow vehicles to operate on the railway without certificates of registration or certificates of technical and environmental safety, unless they are newly imported, being tested, or sent back for repair.

3. Apart from the fines, the person or organization that commits the violations in Clause 1 of this Article shall have their improvised vehicle confiscated.

Article 55. Penalties for violations against regulations necessary information and instructions for railway vehicles

1. A fine of from 2,000,000 VND to 3,000,000 VND shall be imposed upon the organization in charge of administration of railway vehicle operation that commits one of the following violations:

a) Failing to add sufficient number,  registration number, and other symbols on the vehicle;

b) Failing to put up the regulations, route, names of destination stations, and how to deal with accidents or fire on the train in the form of notice boards or other means of information.

2. Apart from incurring the penalties, the violator shall also be compelled to:

a) Put sufficient number, registration number, and other symbols on the train when any of the violations mentioned in Point a Clause 1 of this Article is committed;

b) Put up the regulations, route, names of destination stations, and how to deal with accidents or fire on the train in the form of notice boards or other means of information when any of the violations mentioned in Point b Clause 1 of this Article is committed.

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1. A fine of from 3,000,000 VND to 5,000,000 VND shall be imposed upon the organization in charge of administration of railway vehicle operation that commits one of the following violations:

a) No automatic or manual brake is installed on the railway vehicle, or the brake is not functional;

b) No emergency brake handle is installed in passenger coaches and at the working position of the captain, or the emergency brake handle is not functional;

c) Failing to periodically check and seal the emergency brake handle;

d) Failing to install a pressure gauge at the working position of the captain and some passenger cars, or the gauge is not functional;

dd) The assembling equipment does not meet requirements.

2. Apart from incurring the penalties, the violator shall also be compelled to:

a) Install the automatic or manual brake when any of the violations mentioned in Point a Clause 1 of this Article is committed;

b) Install the emergency brake handle at the working position of the captain and passenger coaches when any of the violations mentioned in Point a or Point d Clause 1 of this Article is committed;

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Article 57. Penalties for violations against regulations necessary equipment on railway vehicles

1. A fine of from 1,000,000 VND to 2,000,000 VND shall be imposed upon the captain of a passenger train or freight train that commits one of the following violations:

a) No fire-fighting equipment and materials, first-aid kits, equipment for choking and signaling on the freight train;

b) No emergency escape equipment, fighting equipment and materials, first-aid kits, tools and materials for minor repairs, equipment for choking and signaling on the passenger train.

2. A fine of from 2,000,000 VND to 3,000,000 VND shall be imposed upon the organization in charge of administration of railway vehicle operation that puts a passenger coach into operation without adequate and functional equipment.

3. A fine of from 3,000,000 VND to 5,000,000 VND shall be imposed upon the organization in charge of administration of railway vehicle operation that commits one of the following violations:

a) The locomotive or powered vehicle does not have a speedometer, equipment for recording speed and information related to the train operation (black box), equipment that helps the driver to stay awake while operating the train (if required), or such equipment is not functional;

b) No speedometer or equipment for communication between the driver and the captain at the working position of the captain, or the equipment installed is not functional.

4. Apart from incurring the penalties, the violator shall be compelled to:

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b) Provide adequate emergency escape equipment, fighting equipment and materials, first-aid kits, tools and materials for minor repairs, equipment for choking and signaling on the passenger train when any of the violations mentioned in Point b Clause 1 of this Article is committed;

c) Install a speedometer, equipment for recording speed and information related to the train operation (black box), the equipment that helps the driver to stay awake while operating the train (if required) on the locomotive or powered vehicle when any of the violations mentioned in Point a Clause 3 of this Article is committed;

d) Install a speedometer or equipment for communication between the driver and the captain at the working position of the captain when any of the violations mentioned in Point b Clause 3 of this Article is committed.

SECTION 4. PENALTIES FOR VIOLATIONS COMMITTED BY RAILWAY EMPLOYEES

Article 58. Penalties incurred by the employees directly serving the train operation that violate regulations on qualifications

1. A fine of from 1,000,000 VND to 2,000,000 VND shall be imposed upon the train drive that operate a railway vehicle without carrying an unexpired train driver’s license, or the license does not match the vehicle.

2. A warning or fine of from 4,000,000 VND to 6,000,000 VND shall be imposed for using fake qualifications, train operator’s license, or failing to obtain a train driver’s license.

3. Apart from the fines, the person that commits the violations in Clause 2 of this Article shall have their fake train driver’s license or qualification confiscated.

Article 59. Penalties incurred by train dispatchers, train captains, duty officers, and other employees that violate regulations on alcohol content

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2. A fine of from 2,000,000 VND to 3,000,000 VND shall be imposed for one of the following violations:

a) Operating the vehicle while BAC exceeds 80 mg per 100 ml of blood, or BrAC exceeds 0.4 mg per liter of breath;

b) Disobeying the duty officer’s order for alcohol content testing.

Article 60. Penalties incurred by the employees on the train or in the station that violate regulations on railway safety assurance

1. A fine of from 500,000 VND to 1,000,000 VND shall be imposed upon:

a) The captain that allows people to walk, stand, lie, or sit on the roof of the coach, hang from the coach, locomotive, or connector;

b) The captain that allows passengers to get on freight train;

c) The attendant that allows street vendors and people without tickets to get on the train, allows passengers to get on or get off the train while it is running;

d) The patrolling employees that fail to check and discover the damage to the tunnel, bridge, or railway, or fail to take measures when such damage is discovered, or fail to report the damage to competent persons and thus threaten railway safety;

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2. A fine of from 1,000,000 VND to 2,000,000 VND shall be imposed for failing to follow professional procedures and thus threatening railway safety.

3. A fine of from 2,000,000 VND to 3,000,000 VND shall be imposed upon the station manager that allow a coach to carry cargo beyond its capacity.

4. Apart from incurring the penalties, the violator shall be compelled to:

a) Instruct the people at fault to go back to proper positions when any of the violations mentioned in Point a Clause 1 of this Article is committed;

b) Remove the amount of cargo that exceeds the coach capacity when any of the violations mentioned in Clause 3 of this Article is committed.

Article 61. Penalties incurred by the driver and co-driver

1. A fine of from 300,000 VND to 500,000 VND shall be imposed upon the co-driver that fails to supervise the train speed, observe and inform the driver of signals and signs.

2. A fine of from 500,000 VND to 1,000,000 VND shall be imposed upon the driver that commits one of the following violations:

a) Leave the driving position while the locomotive is working;

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c) Damaging the equipment that keeps the driver awake while operating the train;

d) Disobeying the instructions of the captain, signals or signs;

dd) No flags, signal lamps, flares, or chocks in the locomotive during the shift;

3. A fine of from 1,000,000 VND to 2,000,000 VND shall be imposed upon the driver that commits one of the following violations:

a) Stopping the train against the rules without acceptable explanation;

b) Letting the train move pass the stop signal;

c) Exceeding the speed limits by 5 km/h but less than 10 km/h.

4. A fine of from 3,000,000 VND to 5,000,000 VND shall be imposed for:

a) Exceeding the speed limits by 10 km/h - 20 km/h;

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5. A fine of from 5,000,000 VND to 7,000,000 VND shall be imposed upon the driver that exceeds the speed limits by more than 20 km/h.

6. A fine of from 8,000,000 VND to 10,000,000 VND shall be imposed for working while BAC exceeds 50 mg - 80 mg per 100 ml of blood, or BrAC exceeds 0.25 mg 0.4 mg per liter of breath;

7. A fine of from 10,000,000 VND to 15,000,000 VND shall be imposed for:

a) Working while BAC exceeds 80 mg per 100 ml of blood, or BrAC exceeds 0.4 mg per liter of breath;

b) Disobeying the duty officer’s order for alcohol content testing.

8. Apart from the fines, the violator shall also incur the following additional penalties:

a) The train driver’s license shall be suspended for 01 month when any of the violations mentioned in Clause 3 or Clause 4 of this Article is committed;

b) The train driver’s license shall be suspended for 02 month when any of the violations mentioned in Clause 5, Clause 6 or Clause 7 of this Article is committed;

9. Apart from incurring the penalties, the person that commits the violations in Point b Clause 2 of this Article shall be compelled to remove the passengers and cargo from the locomotive.

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A fine of from 4,000,000 VND to 8,000,000 VND shall be imposed for employing the people without qualifications that match their positions; employing the people that fail to meet health standards.

Article 63. Penalties for violations against the laws on training and issuance of qualifications

1. A fine of from 3,000,000 VND to 5,000,000 VND shall be imposed upon the training institution that:

a) Fails to meet the requirements and standards of a rail employee training institution;

b) Fails to comply with the regulations on recruitment, training programs, examination, issuing/replacing qualifications;

2. A warning or fine of from 5,000,000 VND to 10,000,000 VND shall be imposed for providing training or issuing qualifications without approval by competent authorities.

3. Apart from the fines, the organization that commits the violations in Clause 1 of this Article shall be suspended from recruitment for 02 months.

4. Apart from incurring the penalties, the person that commits the violations in Clause 2 of this Article shall be compelled to revoke the qualifications illegally issued.

SECTION 5. VIOLATIONS AGAINST REGULATIONS ON RAILWAY SERVICES

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1. A fine of from 4,000,000 VND to 6,000,000 VND shall be imposed upon the company that loading, unloading goods at the train station or freight yard, the company that store goods at the train station, the company that manufactures, assemblies, modifies, repairs vehicles, the company that provides rail transport services, the railway infrastructure company that commits one of the following violations:

a) Failing to apply for a business registration;

b) Using the material-handling equipment that fails to meet safety standards; employing the people without qualifications to operate material-handling equipment;

c) Failing to comply with regulations on fire safety and environmental hygiene in the warehouse; using substandard warehouses or yards;

d) Manufacturing, assembling, modifying, repairing vehicles without supervision and quality control; failing to employ bachelors in auto mechanics; failing to make plans for fire safety and environmental pollution prevention;

dd) Providing rail transport services or road infrastructure services without a safety certificate, or using a fake or expired safety certificate;

e) Providing rail transport services without an insurance contract (for transport of passengers and dangerous goods by train); failing to employ a person that holds a bachelor's degree in rail transport or has at least 03 years' experience of rail transport operation to administer rail transport operation;

g) Failing to employ a person that holds a bachelor’s degree in railway infrastructure or has at least 03 years’ experience of railway infrastructure operation to take charge of railway infrastructure operation.

2. Apart from the fines, the organization that commits the violations in Point dd Clause 1 of this Article shall have their fake or expired certificate confiscated.

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1. A fine of from 2,000,000 VND to 3,000,000 VND shall be imposed upon the rail transport company that commits one of the following violations:

a) Transporting corpses and bones against the law;

b) Transporting living or wild animals against the law.

2. A fine of from 5,000,000 VND to 10,000,000 VND shall be imposed upon the rail transport company that commits one of the following violations:

a) Failing to undertake special transport missions at the request of competent authorities;

b) Failing to comply with regulations on transporting oversize and overweight goods;

c) Failing to comply with regulations on loading, unloading, and transporting dangerous goods;

d) Failing to ensure passengers are provided with adequate conveniences when the transport is interrupted due to accidents, natural disasters, or sabotage.

3. Apart from incurring the penalties, the company that commits the violations in Clause 1 or Point c Clause 2 of this Article shall be compelled to remove the corpses, bones, living or wild animals from the train.

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1. A warning or fine of from 100,000 VND to 200,000 VND shall be imposed for using fake tickets on the train.

2. A fine of from 2,000,000 VND to 4,000,000 VND shall be imposed upon:

a) Ticketing staff of the train station, ticket agents, or on the train that sells tickets against the law;

b) Trading tickets to earn illicit profits.

3. A fine of from 10,000,000 VND to 15,000,000 VND shall be imposed upon the individual, a fine of from 20,000,000 VND to 30,000,000 VND shall be imposed upon the organization that commits one of the following violations:

a) Making fake tickets;

b) Transporting fake tickets;

c) Selling fake tickets;

d) Storing fake tickets.

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a) The fake tickets shall be confiscated when any of the violations mentioned in Clause 1 of this Article is committed;

b) All tickets shall be confiscated when any of the violations mentioned in Point b Clause 2 of this Article is committed;

c) The fake tickets and equipment used for making and transporting fake tickets shall be confiscated when any of the violations mentioned in Clause 3 of this Article is committed;

d) The illicit profits shall be confiscated when any of the violations mentioned in Clause 2 or Point c Clause 2 of this Article is committed.

SECTION 6. OTHER RAIL TRANSPORT OFFENCES

Article 67. Penalties for violations against other regulations on railway safety and security

1. A fine of from 100,000 VND to 200,000 VND shall be imposed for:

a) Peddling on the train or in the train stations;

b) Failing to comply with train regulations on the train;

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2. A fine of from 300,000 VND to 500,000 VND shall be imposed for:

a) Disturbing the order or safety on the train or in the train stations;

b) Threatening, infringing upon the health or belongings of passengers of railway employees;

c) Bringing animals that carry contagious diseases or wild animals to the station or to the train;

d) Bringing corpses, bones, flammable/explosive substances, or weapons to the station or train.

3. Apart from incurring the penalties, the person that commits the violations in Point c or Point d Clause 2 of this Article shall be compelled to remove the corpses, bones, animals, flammable/explosive substances, or weapons from the station or train.

Chapter 4.

POWER TO IMPOSE PENALTIES AND PENALTY IMPOSITION PROCEDURE

SECTION 1. POWER TO IMPOSE PENALTIES

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1. Presidents of the People’s Committees are entitled to impose penalties for the violations mentioned in this Decree that are committed locally.

2. Traffic police officers are entitled to impose penalties for:

a) The violations against traffic rules mentioned in this Decree;

b) The violations against regulations on protection of road infrastructure mentioned in Clause 1, Clause 2, Clause 4, Clause 5 Article 15 of this Decree.

3. Railway police officers are entitled to impose penalties for the violations against regulations on railway safety mentioned in this Decree.

4. Police officers, rapid reaction forces, mobile police officers, and administration police officers are entitled to impose penalties for the violations mentioned in the following Points, Clauses, and Articles of this Decree if such violations are related to their duties:

a) Point d, Point i Clause 1; Point g, Point h Clause 2; Point b, Point d, Point d, Point e Clause 3; Point a, Point b, Point d, Point d, Point e, Point h Clause 4; Point b Clause 5; Point b, Point d Clause 7; Clause 8; Clause 9; Clause 10 Article 5;

b) Point e Clause 2; Point a, Point d, Point e, Point h, Point i, Point k, Point l, Point o Clause 3; Point b, Point c, Point d, Point e, Point g, Point i, Point k, Point m Clause 4; Point b, Point d, Point d Clause 5; Point a, Point b, Point e Clause 6; Clause 7; Clause 8; Clause 9 Article 6;

c) Point b, Point d, Point d, Point e, Point h, Point i Clause 2; Point b, Point d, Point d Clause 3; Point d, Point e, Point g Clause 4; Point b, Point c Clause 5; Point a Clause 6; Clause 7; Clause 8 Article 7;

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dd) Article 9, Article 10, Article 11, Article 12;

e) Clause 1, Clause 2, Clause 4, Clause 5 Article 15;

g) Article 18, Article 20;

h) Point b Clause 3; Point a, Point b, Point c, Point d, Point e Clause 5; Point a, Point b, Point c Clause 6 Article 23;

i) Article 26, Article 29;

k) Clause 4, Clause 5 Article 31; Article 32, Article 34;

l) Article 46, Article 48, Article 49, Article 50, Article 51, Article 66, Article 67.

5. Chiefs of police stations of communes are entitled to impose penalties for the violations mentioned in the following Points, Clauses, and Articles of this Decree if such violations are related to their duties:

a) Point d, Point i Clause 1; Point g, Point h Clause 2; Point b, Point d, Point d, Point e Clause 3; Point a, Point b, Point d, Point d, Point e, Point h Clause 4 Article 5;

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c) Point b, Point d, Point d, Point e, Point h, Point i Clause 2; Point b, Point d, Point d Clause 3; Point d, Point e, Point g Clause 4; Point b, Point c Clause 5 Article 7;

d) Point c, Point e, Point g Clause 1; Clause 2; Clause 3; Clause 4 Article 8;

dd) Article 9, Article 10;

e) Clause 1, Clause 2, Clause 3 Article 11;

g) Clause 1, Clause 2 Article 12;

h) Clause 1, Clause 2 Article 15;

i) Article 18; Clause 1, Clause 2 Article 20;

k) Point b Clause 3; Point a, Point b, Point c, Point d, Point e Clause 5 Article 23;

l) Clause 1 Article 26; Clause 1 Article 29;

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n) Clause 1, Clause 2, Clause 3, Clause 4, Clause 5, Clause 6, Clause 7 Article 46; Clause 1 Article 48; Clause 1 Article 49; Clause 1 Article 51; Clause 1 Article 66; Article 67.

6. Transport inspectors, the persons assigned to carry out transport inspections are entitled to impose penalties for violations against regulations on transport services and ancillary services at stopping and parking positions, bus stations, parking lots, rest stops, weigh stations, tollbooths, and transport companies when vehicles stop or park on the road; violations against regulations on driver training, issuance of driving licenses, technical and environment protection safety inspection, road infrastructure protection, technical standards of road infrastructure, and other violations mentioned in:

a) Point d Clause 1; Point g, Point h Clause 2; Point d, Point d, Point e Clause 3; Point a, Point b, Point d, Point e, Point h Clause 4; Point b Clause 5; Point b Clause 7; Clause 8 Article 5;

b) Point a, Point d, Point h Clause 3; Point m Clause 4; Point d Clause 5 Article 6;

c) Point d, Point d, Point e, Point g, Point h, Point i Clause 2; Point b Clause 3; Point d, Point e, Point g Clause 4; Point b, Point c Clause 5 Article 7;

d) Point d, Point e Clause 1; Point a, Point b Clause 2; Point b Clause 3 Article 8;

d) Point a Clause 1; Clause 2; Clause 3; Point a, Point b Clause 4; Point a Clause 5 Article 11;

e) Article 12, Article 13, Article 14, Article 15;

g) Clause 1; Clause 2; Clause 3; Clause 4; Point b, Point d Clause 5 Article 16;

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i) Clause 3; Point b, Point c Clause 4; Clause 6; Clause 7 Article 21;

k) Article 22; Article 23;

l) Clause 1; Point a, Point b, Point d Clause 2; Clause 3; Clause 4; Clause 5; Clause 6 Article 24;

m) Article 25, Article 27, Article 28;

n) Clause 2; Point a, Point d, Point g, Point h, Point i, Point k Clause 5; Clause 6; Clause 7 Article 30;

o) Article 31, Article 33, Article 37, Article 38;

p) Clause 1, Clause 2, Clause 3, Clause 4, Clause 5, Clause 6, Clause 7 Article 46; Point b Clause 2, Point b Clause 3 Article 48 if the violation is committed at a railway crossing or a bridge shared by trains and road traffic.

7. Rail transport inspectors are entitled to impose penalties for the violations mentioned in Chapter III of this Decree, except for the violations in Point c Clause 5 Article 47, Clause 3 Article 50, Clause 3 Article 53 of this Decree.

Article 69. Power to impose penalties of the Presidents of the People’s Committees

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a) Issue warnings;

b) Impose fines of up to 4,000,000 VND for road traffic offences and up to 5,000,000 VND for rail transport offences;

c) Confiscate the items and vehicles illegally used, the value of which does not exceed the fine level mentioned in Point b of this Clause;

d) Take the remedial measures mentioned in Points a, b, and c Clause 1 Article 4 of this Decree.

2. Presidents of People’s Committees of districts are entitled to:

a) Issue warnings;

b) Impose fines of up to 20,000,000 VND for road traffic offences and up to 37,500,000 VND for rail transport offences;

c) Suspend the licenses, practicing certificates, or suspend the operation;

d) Confiscate the items and vehicles at fault, the value of which does not exceed the fine level mentioned in Point b of this Clause;

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3. Presidents of People’s Committees of provinces are entitled to:

a) Issue warnings;

b) Impose fines of up to 40,000,000 VND for road traffic offences and up to 75,000,000 VND for rail transport offences;

c) Suspend the licenses, practicing certificates, or suspend the operation;

d) Confiscate the items and vehicles illegally used;

dd) Take the remedial measures mentioned in Clause 1 Article 4 of this Decree.

Article 70. Power to impose penalties of the police

1. Police officers on duty are entitled to:

a) Issue warnings;

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2. Senior officers of the persons mentioned in Clause 1 of this Article are entitled to:

a) Issue warnings;

b) Impose fines of up to 1,200,000 VND for road traffic offences and up to 1,500,000 VND for rail transport offences.

3. Chief of police stations of communes, chiefs of police stations at border checkpoints and export-processing zones are entitled to:

a) Issue warnings;

b) Impose fines of up to 2,000,000 VND for road traffic offences and up to 2,500,000 VND for rail transport offences.

c) Confiscate the items and vehicles illegally used, the value of which does not exceed the fine level mentioned in Point b of this Clause;

d) Take the remedial measures mentioned in Point a and Point c Clause 1 Article 4 of this Decree.

4. Chiefs of police stations of districts, chiefs of divisions of Road Traffic Police Authority and Rail Transport Police Authority; chiefs of departments affiliated to provincial police divisions, company commanders and above are entitled to:

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b) Impose fines of up to 8,000,000 VND for road traffic offences and up to 15,000,000 VND for rail transport offences;

c) Suspend the licenses, practicing certificates, or suspend the operation;

d) Confiscate the items and vehicles illegally used, the value of which does not exceed the fine level mentioned in Point b of this Clause;

dd) Take the remedial measures mentioned in Points a, c, and e Clause 1 Article 4 of this Decree.

5. Directors of provincial police authorities are entitled to:

a) Issue warnings;

b) Impose fines of up to 20,000,000 VND for road traffic offences and up to 37,500,000 VND for rail transport offences;

c) Suspend the licenses, practicing certificates, or suspend the operation;

d) Confiscate the items and vehicles illegally used, the value of which does not exceed the fine level mentioned in Point b of this Clause;

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6. The Directors of Road Traffic Police Authority, Rail Transport Police Authority, and Administration Police Authority are entitled to:

a) Issue warnings;

b) Impose fines of up to 40,000,000 VND for road traffic offences and up to 75,000,000 VND for rail transport offences;

c) Suspend the licenses, practicing certificates, or suspend the operation;

d) Confiscate the items and vehicles illegally used;

dd) Take the remedial measures mentioned in Points a, c, dd, and e Clause 1 Article 4 of this Decree.

Article 71. Power to impose penalties of transport inspectors

1. Inspectors and the persons assigned as inspectors are entitled to:

a) Issue warnings;

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c) Confiscate the items and vehicles illegally used, the value of which does not exceed the fine level mentioned in Point b of this Clause;

d) Take the remedial measures mentioned in Points a and c Clause 1 Article 4 of this Decree.

2. Chief Inspectors of Services of Transport, chiefs of local road authorities affiliated to Directorate for Roads of Vietnam, chief of inspectorates of Services of Transport, chiefs of inspectorates of Directorate for Roads of Vietnam, chiefs of inspectorates of Vietnam Railway Administration, chiefs of inspectorates of local road authorities affiliated to Directorate for Roads of Vietnam are entitled to:

a) Issue warnings;

b) Impose fines of up to 20,000,000 VND for road traffic offences and up to 37,500,000 VND for rail transport offences;

c) Suspend the licenses, practicing certificates, or suspend the operation;

d) Confiscate the items and vehicles illegally used, the value of which does not exceed the fine level mentioned in Point b of this Clause;

dd) Take the remedial measures mentioned in Clause 1 Article 4 of this Decree.

3. Chiefs of inspectorates of the Ministry of Transport are entitled to:

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b) Impose fines of up to 28,000,000 VND for road traffic offences and up to 52,500,000 VND for rail transport offences;

c) Suspend the licenses, practicing certificates, or suspend the operation;

d) Confiscate the items and vehicles illegally used, the value of which does not exceed the fine level mentioned in Point b of this Clause;

dd) Take the remedial measures mentioned in Clause 1 Article 4 of this Decree.

4. Chief Inspectors of the Ministry of Transport, the Director of Directorate for Roads of Vietnam, and the Director of Vietnam Railway Administration are entitled to:

a) Issue warnings;

b) Impose fines of up to 40,000,000 VND for road traffic offences and up to 75,000,000 VND for rail transport offences;

c) Suspend the licenses, practicing certificates, or suspend the operation;

d) Confiscate the items and vehicles illegally used;

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Article 72. Rules for determining the power to impose penalties and take remedial measures

1. The power to impose administrative penalties for road traffic offences, rail transport offences, and to take remedial measures shall be determined in accordance with Article 52 of the Law on Penalties for administrative violations.

2. The maximum fines mentioned in Article 69, Article 70 and Article 71 of this Decree are imposed upon an individual; the maximum fines can be imposed upon an organization is twice the maximum fines imposed upon an individual that commits the same violations.

3. Any of the persons mentioned in Clause 2, Clause 3 Article 69; Clause 4, Clause 5, Clause 6 Article 70; Clause 2, Clause 3, Clause 4 Article 71 is entitled to suspend the violator’s license or practicing certificate if the violation, by law, causes the license or practicing certificate to be suspended.

Article 73. The power to make records on administrative violations

1. The persons below are entitled to make records on road traffic offenses:

a) The persons entitled to impose administrative penalties for road traffic offenses mentioned in Articles 69, 70, and 71 of this Decree;

b) The patrolling officials and civil servants are entitled to make records on the infringements upon road infrastructure, illegal occupation of land for road traffic and road safety corridor;

c) Police officers are entitled to make records on the violations committed locally.

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a) The persons entitled to impose administrative penalties for rail transport offenses mentioned in Articles 69, 70, and 71 of this Decree;

b) The train captain is entitled to make records on the violations committed on the train;

c) Police officers are entitled to make records on the violations committed locally.

SECTION 2. PENALTY IMPOSITION PROCEDURE

Article 74. Procedure for imposing penalties upon vehicle owners

1. If the owner of the vehicle at fault is present at the scene, the person entitled to impose penalties shall make a record and a decision on penalty imposition in accordance with Article 30 of this Decree.

2. If the owner of the vehicle at fault is not present at the scene, the person entitled to impose penalties shall make a record and impose penalties in accordance with law, the vehicle operator shall add a signature on the record as a witness, and may implement the decision on penalties on the vehicle owner’s behalf. If the vehicle operator does not implement the decision on penalties on the vehicle owner’s behalf, the person entitled to impose penalties shall impound the vehicle to ensure the implementation of the decision on penalties.

3. If a penalty mentioned in Chapter II is imposed upon both the vehicle owner and the operator or the attendant, the owner is also the operator of the vehicle, or the owner is also an attendant on the vehicle, the owner of the vehicle at fault shall incur the penalty.

4. The violations mentioned in Point b Clause 1 and Clause 4 Article 30 of this Decree shall be only verified through investigations if the accident is serious, or through vehicle registration.

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1. To immediately stop the violation, the person entitled to impose penalties is allowed to impound the vehicle for up to 07 days before issuing a decision on penalties for the violations in:

a) Point b Clause 5; Point b, Point d Clause 7; Clause 8; Clause 10 Article 5;

b) Point b Clause 5; Point b, Point e Clause 6; Clause 7; Clause 8; Clause 9 Article 6;

c) Point d Clause 4; Point a Clause 6; Clause 7; Clause 8 Article 7;

d) Point d, Point d Clause 4 Article 8 if the operator at fault is under 16 years of age;

dd) Clause 4; Point d, Point d Clause 5 Article 16;

e) Clause 3 Article 17;

g) Point a, Point d Clause 1 Article 19;

h) Clause 1; Point a, Point c Clause 4; Clause 5; Clause 6; Clause 7 Article 21.

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3. When the vehicle is impounded as prescribed in Clause 1 and Clause 2 of this Article, the vehicle owner shall incur the costs (if any) of using another vehicle to transport the passengers and goods on the impounded vehicle.

Chapter 5.

IMPLEMENTATION

Article 76. Effect

1. This Decree takes effect on January 01, 2014.

2. This Decree supersedes:

a) The Government's Decree No. 34/2010/ND-CP dated April 02, 2010 on administrative penalties for road traffic offenses.

b) The Government's Decree No. 71/2012/ND-CP dated September 19, 2012 on amendments to the Government's Decree No. 34/2010/ND-CP.

c) The Government's Decree No. 44/2006/ND-CP dated April 25, 2006 on administrative penalties for rail transport offenses;

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3. The vehicle operators that commit the violations in Point d Clause 1 Article 5 and Point h Clause 2 Article 7 of this Decree shall incur penalties from July 01, 2014 if the danger sign is not “Caution: Parking vehicles”.

4. Point b Clause 1 Article 30 of this Decree shall be applied from January 01, 2017.

5. Clause 4 Article 30 of this Decree shall be applied from January 01, 2015.

6. Clause 1 Article 28 of this Decree shall be applied from July 01, 2014.

Article 77. Transition terms

1. The road traffic offenses and rail transport offenses committed before this Decree takes effect and discovered afterwards, the regulations that are advantageous to the organizations and individuals at fault shall apply.

2. The Decrees mentioned in Clause 2 Article 76 of this Decree shall apply to the decisions on administrative penalties for road traffic offenses and rail transport offenses mentioned that have been issued or implemented before this Decree takes effect.

Article 78. Responsibility for implementation

1. The Ministry of Public Security and the Ministry of Finance must quickly amend the regulations on procedures for transferring vehicle ownership towards simplification of formalities, including the procedure for vehicle ownership transfer at police stations and the procedure for paying registration fees at finance authorities, specifying the entities responsible for following the procedure for vehicle ownership transfer.

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FOR THE GOVERNMENT
PRIME MINISTER




Nguyen Tan Dung

Nghị định 171/2013/NĐ-CP quy định xử phạt vi phạm hành chính trong lĩnh vực giao thông đường bộ và đường sắt